A bench warrant is a court order for police to locate you, arrest you, and bring you into court to answer for defying a judicial directive. This typically happens when you miss a court date or fine payment or violate your probation terms.
In Nevada, the only way to get a bench warrant recalled (“quashed“) is to file a motion with the court and have a hearing in front of the judge. This flowchart summarizes the five steps for quashing a bench warrant, which are discussed at length below:
Step 1. Hire an Attorney
It is highly advised you retain an experienced criminal defense attorney as soon as you discover you have an outstanding bench warrant in Nevada.
You can try to quash your warrant yourself, but judges tend to be more likely to give you a second chance to stay out of custody if you have an attorney advocating for you.
You can check to see if you have a warrant in Clark County by checking the websites or calling the phone numbers in the table below:
| Clark County Court | Warrant Status Check Information |
| Las Vegas Justice Court |
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| Las Vegas Municipal Court |
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| Henderson Justice Court |
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| Henderson Municipal Court |
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| North Las Vegas Justice Court |
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| North Las Vegas Municipal Court |
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| Mesquite Justice Court |
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| Mesquite Municipal Court |
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| Boulder City Justice Court |
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| Boulder City Municipal Court |
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| Moapa Justice Court |
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| Moapa Valley Justice court |
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| Bunkerville Justice Court |
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| Searchlight Justice Court |
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| Goodsprings Justice Court (in Jean) |
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| Laughlin Justice Court |
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You can also call a criminal defense attorney to check the status of your outstanding warrants.
Step 2: File a Motion to Quash
Your attorney composes and files a “motion to quash” with the proper Nevada court. This motion asks the judge to hold a hearing so your attorney can argue for having your warrant recalled.
The court clerk will usually schedule this hearing within a week. During this waiting period, you can still get arrested.
Therefore lay low and try not to drive. Also, do not visit friends or family in jail: Jail guards may run your name to check your warrant status.
Step 3: The Court Holds a Hearing
One of the advantages of hiring private counsel is that you can usually skip the motion quash court hearing as long as your criminal defense lawyer appears on your behalf. Though the judge may require you to appear in person if:
- the case involves a felony criminal offense,
- you have a lengthy criminal history,
- you are a flight risk or public safety threat, and/or
- there was no satisfactory excuse for you defying court orders.
Note if you do appear in person, you risk the judge remanding you into custody for the remainder of your case.
Most warrant quash hearings are very short. However, if you have a history of missing court, the judge might pepper your attorney with questions about why you deserve another chance.
Step 4: The Judge Recalls the Warrant
In practice, Nevada judges usually recall bench warrants right away without asking many questions during the hearing. The clerk will then give you a new court date, and your underlying criminal case will proceed as before.
If your bench warrant had a bail amount attached to it, your attorney will also ask the judge to “exonerate the bail.” Once the bail is exonerated, you are no longer obligated to pay it.
Step 5: Remain out of Trouble
Once your warrant gets quashed, be sure to follow all of the court’s orders while your case remains open. This includes:
- appearing for all future court dates (unless the court allows your attorney to appear on your behalf),
- paying all fines on time, and
- complying with everything else the court directed you to do, such as rehab, counseling, etc.
People with outstanding bench warrants risk being arrested at any time.
Frequently-Asked-Questions
Why do I have a bench warrant?
Judges typically issue bench warrants for your arrest if you either:
- skip a court appearance (such as your arraignment, pretrial conference, preliminary hearing, trial, or sentencing),
- miss a payment for a fine, restitution, or child support,
- violate your probation or parole terms, or
- fail to comply with any other court order.
Once there is a bench warrant out for you, your name is entered into various law enforcement databases. Police can arrest you at any time.
Can I be arrested if I have a bench warrant?
Yes. However, in misdemeanor cases, law enforcement agencies probably will not go out and search for you. Though if you are accused of a felony, police are far more likely to expend their resources to track you down at home, work, or anywhere else you may be.
Many Clark County bench warrant arrests happen during routine traffic stops. The police may intend only to hand out a traffic ticket, but once they run your name and find an active warrant, they will arrest you immediately.
Note that having an outstanding warrant can potentially cause your driver’s license to be suspended. Therefore, check with the DMV to make sure your license is still valid before driving.
Will this show on a background check?
It depends on the specific background check. Some search for outstanding warrants and others do not.
Either way, if you have an outstanding warrant, get the matter resolved as soon as possible. If it does show up on a background check, it may turn off potential employers.
Background checks always include:
- arrest records,
- past or current criminal charges, and
- convictions.
However, it may be possible to get a criminal record sealed from future background checks. Learn more about sealing criminal records.
Does a bench warrant ever expire?
No. Bench warrants remain active until the judge quashes them.
Many defendants in Nevada have had bench warrants for years. Some of them do not even know they have a warrant.
What is a “pending” bench warrant?
A bench warrant is “pending” when the court has issued it, but the police have not yet executed it.
If your underlying criminal case is for a misdemeanor, your bench warrant will likely remain “pending” unless the police pull you over for a traffic violation and see the warrant after running your name.
If your underlying criminal case is for a felony, police are more likely to execute the warrant by searching for you.
Is getting a bench warrant a crime?
No. Having a bench warrant out for your arrest is not a crime in and of itself. However if the reason for the bench warrant was that you skipped court, prosecutors can charge you with failure to appear (FTA) once 30 days pass after your missed court appearance.
As the following table shows, the penalties for FTA depend on your underlying issue:
| Underlying Criminal Charge | Nevada Penalties for FTA on the Underlying Criminal Charge |
| At least one misdemeanor (and no felonies or gross misdemeanors) | Misdemeanor: Up to 6 months in jail and/or $1,000* |
| At least one gross misdemeanor (and no felonies) | Gross Misdemeanor: Up to 364 days of jail time and/or $2,000* |
| At least one felony | Category D felony: 1 to 4 years in Nevada State Prison and up to $5,000 |
| * If you left Nevada with the intent to avoid prosecution, then FTA is instead charged as a category D felony carrying 1 to 4 years in prison and up to $5,000. | |
How is a bench warrant different from an arrest warrant?
Firstly, arrest warrants signal the start of a criminal case. In contrast, bench warrants can be issued at any time throughout a criminal case.
Secondly, an arrest warrant indicates what charges you will face in the case. In contrast, bench warrants only concern court rules that you allegedly violated while the criminal case was ongoing.
Finally, law enforcement officers have to ask judges to issue arrest warrants. In contrast, judges — called “the bench” — can issue bench warrants on their own without the District Attorney having to request them.
The following table compares the different types of warrants, including search warrants.
| Type of Warrant | Purpose | Issuance By | Based On |
| Bench Warrant | To arrest someone who failed to appear in court or comply with court orders. | Judge | Failure to appear in court or follow court orders |
| Arrest Warrant | To arrest a person suspected of committing a crime. | Judge or Magistrate | Probable cause to believe someone committed a crime |
| Search Warrant | To search a specific location for specific evidence of a crime. | Judge or Magistrate | Probable cause to believe evidence is present |
Additional Resources
For more information, our Las Vegas criminal defense attorneys suggest you refer to the following:
- National Crime Information Center – The FBI’s centralized database for accessing criminal justice information, including warrants.
- SearchQuarry.com – Public record provider with warrant searches by name, city or county.
- Vinelink.com – Free site to search for outstanding warrants and criminal records in participating states.
- PeopleFinders.com – Public records site providing warrant searches among other lookup services for a fee.
- CriminalWatchdog.com – Subscription service for continuous monitoring of criminal records and warrants.
See our related article on contempt of court in Nevada.
Legal References:
- NRS 22.040.
- Jaeger v. State (1997) 113 Nev. 1275, 948 P.2d 1185 (Judge issued a bench warrant where a defendant did not complete community service requirements).
- In re Mosely (2004) 120 Nev. 908, 102 P.3d 555 (Judge issued a bench warrant where a defendant defied terms of a plea bargain).
- NRS 178.508.
- NRS 171.106.
- NRS 199.335.