Can You Get a Job with a Warrant

Michelle Wilson - August 10, 2023

A warrant is any legal document issued by legal or government officials authorizing the police to make an arrest. When an individual holds a warrant, it’s up to the employer’s discretion to hire an applicant. Unfortunately, many employers are likely to pass on someone with an active warrant, as many law enforcement agents can and will arrest an employee. Thankfully, many warrants don’t typically appear on a background check.

A prospective applicant should resolve the outstanding warrant before applying for a position, as many companies will avoid hiring someone with a warrant.

What is a Warrant?

A warrant is a legal authorization issued by a judge or magistrate for an officer or law enforcement agent to take an individual into custody. Alternatively, a search warrant allows a law official to search a specific area without consent or permission. There are civil and criminal warrants available for issue. A civil warrant often deals with failure to comply with fines, court orders, or appearing before the court. A criminal warrant will include arrest details based on probable cause. Probable cause indicates that an individual has committed a crime. In contrast, search warrants show likely evidence of a crime that might be located in a specific area (including a house or car).

Do Warrants Appear on an Employment Background Check?

It isn’t always a standard answer regarding employment background screening. As warrants can appear under civil history and criminal history, there isn’t a simple yes or no answer. Additionally, the results of a background check will depend on the screening your prospective employer requests. For example, the background check must include publicly accessible court records to show a warrant. For many reports, only criminal history is included.

When an employer only requests criminal history, a prospective applicant can get a job with an outstanding warrant. This probability is particularly true when the warrant doesn’t lead to a conviction. If a warrant is recalled or adjudicated, it may not appear on the background report. If you hold an open warrant, the employer may uncover these details during the employment adjudication.

Does a Warrant Appear on a Background Check?

More than likely, a warrant will appear on a background check, although there are a few different scenarios where they won’t. The screening results will depend mainly on the type of check carried out and the warrant issued.

Not all warrants hold the same weight from a legal standpoint. Let’s discuss a few common warrant varieties to help you understand whether you can get a job with a warrant.

Traffic Warrant

The court issues the traffic warrant when a history of unpaid tickets or fines occurs. The traffic warrant also includes failure to appear in court. Legally, traffic warrants are known as bench warrants, which may arise under the criminal history area of a background report.

Civil Warrant

A civil warrant occurs when an individual fails to follow a specific court order. Most commonly, this warrant is issued for failure to comply with a child support order. As civil warrants appear within court records, they may appear on a background check. The civil warrant won’t appear under the criminal history section of a background screening as they’re not criminal.

Bench Warrant

This warrant occurs when a judge authorizes the arrest of the accused, charged with a crime, misdemeanor, or contempt. Deciding whether a bench warrant appears on a background check will vary. A bench warrant can be issued while the case is ongoing. Depending on your case, the court may issue a warrant for many reasons. If there is a pending case, there’s a reasonable probability that the background check will report the warrant. Many background check companies will check bench warrant issuances within their criminal reporting section.

Criminal Warrant

The criminal warrant holds similar standards to the bench warrant but is signed by a magistrate, and law enforcement must present it to a judge with probable cause. The judge then signs the arrest warrant, issuing the arrest of an individual. Will the criminal warrant appear on a background check? It depends on the screening conducted and the jurisdiction. Different states hold different rules and legislation on reporting criminal warrants and access by the general public.

Will Search Warrants Appear on a Background Check?

Regardless of the employment opportunity, a search warrant will never appear on a background check as they are only an investigative tool throughout a criminal process. A search warrant will often connect with property or an address, not a specific individual.

How Can I Clear a Warrant from My Record?

The easiest way to clear an active warrant from your record is by personally appearing before the court. Individuals may appear on their own, with an attorney, or have the attorney represent them. If the warrant relates to felony charges, your appearance is required to remove the charges.

What Happens When You Appear in Court?

Anytime you appear in court after a warrant, you may face legal consequences. These may include a release with a warning, incarceration without bail, or bail amounts awaiting bond or full bail. If arrested by a peace officer, you must appear before the judge who issued the warrant. The arresting officer may only bring you before the sentencing judge if you have missed sentencing.

When May a Judge Issue a Warrant?

A warrant is only issued with probable cause and must be supported by testimony. The Fourth Amendment to the United States Constitution indicates specific persons, things, and property seizing. If a judge has probable cause, they may issue a warrant.

How Do I Know If I Have a Warrant in the US?

The easiest way to confirm whether you have a warrant is with local law enforcement agencies. Call or visit their website to see whether any warrants are posted online. Many times, agencies will share specific details online or over the phone. Additionally, you can order a background check from a reputable third-party website to confirm any previous criminal activity. Although most background check companies don’t list outstanding warrants in a background check, it’s always a good idea to verify the information listed is accurate before applying for a new job.

Conclusion

It’s never a good idea to dodge an outstanding warrant. Although many background checks don’t include warrants, they may appear under the criminal history portion of your report. As such, clearing any warrants or criminal proceedings before applying for a new position is always a good idea. While nothing is stopping you from securing new employment, an active and open warrant hanging over your head may influence hiring decisions if they’re uncovered.