Do Outstanding Criminal Warrants Ever Go Away in Pennsylvania? A Guide to Resolving Active Warrants

Many people who find out they have an active warrant in Pennsylvania believe a common myth: that if they simply wait long enough, or stay out of trouble, the warrant will eventually “expire” or just go away.

Unfortunately, that is not how the Pennsylvania legal system works. If you are concerned about an active warrant, Attorney Michael Kotik reviews your case and explain your options. However, if that review confirms that you have an active warrant, there is generally no simple way to make it disappear.

To help you understand what you are facing, this guide breaks down the different types of warrants in Pennsylvania, how they are tracked, and how you can safely resolve them.

Understanding the Two Main Types of Warrants in Pennsylvania

In Pennsylvania, the term “warrant” can refer to different legal orders. The two most common types of warrants in criminal law are arrest warrants and bench warrants. They are issued for completely different reasons, and understanding the difference is key to resolving them.

Arrest Warrants: New Criminal Charges

An arrest warrant is issued during a criminal investigation when law enforcement officers believe they have enough evidence to charge you with a crime. Under Pennsylvania Rule of Criminal Procedure 513, police must submit a written criminal complaint and an affidavit of probable cause to a Magisterial District Judge. If the judge agrees that there is probable cause, they will sign the arrest warrant.

Arrest warrants are active immediately, and police will often actively look for you to take you into custody.

Bench Warrants: Failure to Comply with the Court

Unlike an arrest warrant, which is tied to a brand-new crime, a bench warrant is issued by a judge directly “from the bench.” These warrants are issued for non-compliance with existing court orders. The most common reasons Pennsylvania judges issue bench warrants include:

• Failing to appear in court for a scheduled hearing (such as a preliminary hearing, trial, or sentencing)
• Violating the terms of your probation or parole
• Failing to comply with a court subpoena (whether you are a defendant or a witness)
• Failing to pay court-ordered fines, child support, or restitution

A bench warrant acts as a direct command to any police officer to arrest you and bring you before the judge who issued the order.

The Reality of Pennsylvania Warrants: They Do Not Expire

Another dangerous misconception is that warrants have a “statute of limitations.” While Pennsylvania law does place time limits on how long prosecutors have to file criminal charges for a crime, once a warrant is officially issued, it remains active indefinitely.

Whether it has been five months or fifteen years, an outstanding warrant will never go away until a judge formally lifts or “quashes” it.

How Law Enforcement Tracks Outstanding Warrants

In the modern digital age, you cannot simply hide from a warrant. Once a Pennsylvania judge signs a warrant, the information is immediately uploaded to statewide and national databases:

1. CLEAN (Commonwealth Law Enforcement Assistance Network): This is Pennsylvania’s statewide database. Any police officer in PA who runs your name or driver’s license during a minor traffic stop will instantly see the active warrant.
2. NCIC (National Crime Information Center): Run by the FBI, this database shares warrant information across state lines. If you have an active warrant in Pennsylvania, you can easily be arrested in another state and extradited back to PA to face the court.

Having an active warrant on these databases means you face the constant risk of unexpected arrest. This can happen during a routine traffic stop, when attempting to travel by airplane, or during a standard pre-employment background check.

How to Safely and Strategically Resolve a Warrant in Pennsylvania

If you have an outstanding warrant, ignoring it is a dangerous game. Law enforcement may arrest you unexpectedly, making the situation much more difficult and stressful than if you had addressed it proactively.

Here is what you need to know about resolving an active warrant under Pennsylvania law.

The Myth of the “Phone Call” Resolution

Many people assume that an attorney can resolve a warrant simply by calling the courthouse or setting up a quick Zoom hearing. In most cases, that is not possible.

In Pennsylvania, you will typically need to surrender on the warrant and address it in court. The judge will want to see you in person, learn why you missed your court date or why the warrant was issued, and decide whether you should be released and under what conditions.

The Proactive Advantage: Voluntary Surrender vs. Unexpected Arrest

The single most important step you can can take is choosing how you face the court. There is a massive difference between being brought into court in handcuffs after an unexpected arrest and walking in voluntarily with a criminal defense attorney.

• Voluntary Surrender (Proactive): When you work with an attorney to turn yourself in voluntarily, the court sees that you respect the judicial process. Your attorney can coordinate the surrender time directly with the court, arrange to have a judge ready to hear your case immediately, and prepare a strong argument for your release on low bail or your own recognizance (ROR). The goal is to handle the surrender efficiently and strategically, get you before a judge, and seek your release as quickly as the circumstances permit—possibly even the same day.

• Unexpected Arrest (Reactive): If you are arrested on a traffic stop, you will be taken to jail and held until a judge is available. The prosecutor will likely argue that you are a flight risk because you ignored the warrant, which often leads to much higher bail or being held in custody without bail.

Pennsylvania’s 72-Hour Rule for Bench Warrants

Under Pennsylvania Rule of Criminal Procedure 150, when a person is arrested pursuant to a bench warrant, they must be taken “without unnecessary delay” for a hearing before the issuing judge or a designated judicial officer.

The court is legally required to hold this hearing within 72 hours of your arrest. If the court fails to hold the hearing within this time limit, the bench warrant will expire by operation of law, and you must be released. However, this rule only protects your rights after you have been arrested and put in jail. While you are free, the warrant remains fully active, and you can be arrested at any time.

Exceptions: When a Warrant Can Be Lifted Without Surrender

There are very limited circumstances under Pennsylvania law where an attorney can get a warrant lifted without you having to physically surrender or appear in court. For example, this may be possible if the warrant resulted from a clear court or administrative clerical error, or from extreme circumstances entirely beyond your control. Because each case is different, an attorney must review the specific records of your case to see if you qualify for these rare exceptions.

Why You Need a Pennsylvania Criminal Defense Attorney

Facing an active warrant is incredibly stressful, but you do not have to handle it alone. Having a skilled advocate by your side can completely change the outcome of your case. An attorney can:

• Investigate the warrant to find out exactly why it was issued and what bail conditions were set.
• File a motion to quash the warrant, asking the court to lift it.
• Negotiate a safe, quick surrender process to minimize your time in custody.
• Present a powerful argument to the judge explaining why you missed court, protecting you from harsh bail increases or jail time.

If you have a warrant, taking proactive control is the best way to protect your freedom and secure your peace of mind.

This information is for general educational purposes only and is not legal advice. Every case and warrant is different.