Will a Warrant Show Up on a Background Check?

As an employer, discovering that a job candidate has an outstanding warrant can raise immediate concerns. But the question remains: will a warrant show up on a background check? The answer isn’t straightforward and depends on several factors including the type of warrant, the comprehensiveness of the background check, and the jurisdictions involved.

What Is a Warrant?

A warrant is a legal document issued by a judge or magistrate, authorizing law enforcement or court officials to take specific actions. Warrants serve different purposes and can significantly impact a person’s legal standing in both criminal and civil matters.

Each warrant typically includes:

• The subject’s name and identifying details
• The reason for the issuance
• The action authorized (e.g., arrest, search, court summons)
• The signature of the issuing judge or magistrate

Understanding the nature of warrants is essential for employers, as different types carry different implications.

Types of Warrants

There are several types of warrants, each with different implications for background checks.

Criminal Warrants

• Arrest Warrants – Issued when there is probable cause to believe someone committed a crime. Once executed (i.e., the person is arrested), these typically become part of a criminal record.
• Search Warrants – Authorize law enforcement to search specific locations for evidence. These are investigative tools and are generally not publicly accessible.

Civil Warrants

Unlike criminal warrants, civil warrants address non-criminal matters, such as:

• Failure to pay child support
• Failure to comply with court orders

Because civil warrants appear in county court records, they may show up on background checks that include civil court searches.

Bench Warrants

Issued when a person fails to appear in court, bench warrants are common for missed court dates or probation violations. These may appear on background checks, especially if they relate to ongoing criminal cases.

Traffic Warrants

Traffic warrants result from unresolved traffic violations or missed court dates for traffic offenses. Standard criminal background checks may not include these, but driving record checks often will.

Fugitive Warrants

Issued when an individual has fled to another state to avoid prosecution, fugitive warrants indicate a willingness to extradite. These may not appear on standard background checks but are more likely to be found in comprehensive searches.

Material Witness Warrants

Issued to secure the testimony of key witnesses in criminal cases, these warrants do not involve criminal charges and rarely appear on background checks.

Do Warrants Show Up on Background Checks?

The visibility of warrants depends on multiple factors. Some warrants are more likely to appear, while others remain hidden.

Warrants That Typically Show Up

1. Executed Arrest Warrants – Once served, these become part of an individual’s criminal record and appear on standard criminal background checks.
2. Bench Warrants in Pending Cases – If associated with ongoing criminal cases, these may appear in more comprehensive screenings.
3. Civil Warrants – Found in county court records, these may be uncovered in background checks that include civil court searches.

Warrants That May Not Show Up

1. Open/Unexecuted Warrants – Some jurisdictions restrict access, making them unavailable to background check providers.
2. Search Warrants – These are part of criminal investigations and are generally not included in background checks.
3. Traffic Warrants – Typically excluded from standard criminal checks but may appear in driving record searches.
4. Fugitive Warrants – May not show up in routine state-based checks but could be found in national or FBI fingerprint-based screenings.

Factors Affecting Warrant Visibility

The likelihood of a warrant appearing on a background check depends on:

• Background Check Provider’s Access – Some providers use multiple sources for more comprehensive searches.
• Type of Background Check Conducted – Basic checks may miss warrants, while in-depth screenings (e.g., for law enforcement or security clearance positions) are more likely to reveal them.
• Jurisdictional Differences – Some states make warrant information publicly accessible, while others restrict access.
• Age of the Warrant – Under the Fair Credit Reporting Act (FCRA), certain records (including some warrants) may not be reported after seven years, depending on the position’s salary.

What Should Employers Do If a Warrant Appears?

If a background check reveals a warrant, employers should take the following steps:

1. Verify the Information

Before taking any action, verify that the warrant is valid and up to date. Ensure it belongs to the correct applicant and not someone with a similar name to avoid mistaken identity. Additionally, understand the warrant’s purpose and legal implications to assess its relevance to the hiring decision.

2. Assess the Context

Consider the type of warrant (arrest, bench, civil, etc.), how recent it is, its relevance to the job, and whether it poses a legitimate business concern. A financial-related warrant may be critical for an accounting role, while a minor civil warrant might be less relevant.

3. Follow Adverse Action Procedures

Employers using third-party background checks must comply with FCRA guidelines by:

• Notifying the applicant of the findings
• Providing a copy of the background check report
• Allowing the applicant to explain or dispute the information

4. Evaluate Risk Factors

When deciding how to proceed, consider the nature of the job and its responsibilities, as certain roles may have higher security or trust requirements. Assess whether the warrant presents a risk relevant to the position, such as a fraud-related warrant for a financial role. Take into account the applicant’s overall qualifications, experience, and history to ensure a fair evaluation. Finally, explore potential ways to mitigate concerns, such as additional background checks, character references, or conditional employment agreements.

5. Document Your Decision

Keep detailed records of how the warrant information was verified, including any sources consulted and confirmation from relevant authorities. Document the factors considered in the decision-making process, ensuring they align with job-related requirements and company policies. Clearly outline the rationale behind the final determination, whether the applicant was hired, denied, or subject to further review. Additionally, record the steps taken to ensure fairness, legal compliance, and consistency in hiring practices to protect against potential disputes or legal challenges.

Legal Considerations for Employers

Employers must navigate various legal frameworks when using warrant information in hiring decisions.

Federal Laws

• Fair Credit Reporting Act (FCRA) – Regulates background checks, including warrant information, by setting guidelines on how employers can obtain and use background reports, ensuring accuracy, fairness, and privacy.
• Title VII of the Civil Rights Act – Requires individualized assessments of criminal history to prevent discriminatory hiring practices and mandates that any exclusion based on criminal records be job-related and consistent with business necessity.

State and Local Laws

• Ban-the-Box Laws – Many states and cities limit when employers can ask about criminal history.
• State-Specific Restrictions – Some states, such as California and New York, impose strict regulations on using arrest records in hiring decisions.

For example, Arizona, California, Hawaii, Maine, Massachusetts, Michigan, Montana, New York, Pennsylvania, and Wisconsin prohibit employers from considering arrests that did not lead to convictions.

What Else Shows Up on a Background Check?

In addition to warrants, a comprehensive background check may include:

• Criminal History – Convictions, pending cases, sentencing details
• Identity Verification – Social Security validation, address history
• Employment Verification – Previous jobs, dates of employment, job titles
• Education Verification – Degrees earned, institutions attended
• Professional License Verification – Licensing status, disciplinary actions
• Additional Checks – Credit history (for relevant roles), driving records, drug testing, references

Best Practices for Employers

To handle warrant information responsibly, employers should:

• Develop a consistent policy for handling background check results
• Conduct individualized assessments for each applicant
• Ensure decisions are job-related and legally compliant
• Document the decision-making process
• Train hiring managers on proper handling of background check information
• Partner with a reliable background check provider to ensure access to accurate, up-to-date records and compliance with legal regulations.

By following these best practices, employers can make informed hiring decisions while ensuring fairness, compliance, and transparency.

Conclusion: Will a Warrant Show Up on a Background Check

Understanding how warrants appear on background checks is essential for employers making informed hiring decisions. While some warrants are commonly visible, others may not appear depending on the type of check conducted and jurisdictional regulations. Employers must approach warrant findings carefully, verifying their accuracy, assessing their relevance to the role, and ensuring compliance with federal and state laws. By following best practices and implementing a fair, consistent screening policy, businesses can mitigate risk while maintaining a responsible and legally compliant hiring process.

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FAQs: Will a Warrant Show Up on a Background Check

What background check do most employers use?

Most employers typically use multi-tiered background checks that include criminal history searches (county, state, and federal), employment verification, education verification, and sometimes credit checks, with specific components varying by industry and position requirements.

What is the best background check site?

The best background check site depends on your specific needs, but Sapphire Background Check delivers exceptional accuracy, speed, and compliance with customizable solutions for businesses of all sizes making it one of the best.

What is the highest level background check?

The highest level background check is typically an FBI fingerprint-based check or a Tier 5 investigation for government security clearance, which includes extensive criminal records searches, credit checks, employment verification, education verification, reference checks, drug testing, international searches, and in-depth interviews with associates.

What takes the longest on a background check?

Employment verification usually takes the longest during a background check, especially when verifying positions from many years ago or with employers who have closed, merged, or have slow response times to verification requests.