Published: 04/10/2026By: Megan Francis
There are different types of warrants issued depending on who requests them, why they are issued, how they are executed, and so on. Two of the most common warrant types are arrest warrants, which are commonly referred to as regular warrants, and bench warrants.
If you have a warrant in your name, knowing the differences between the two is essential. In this article, we will cover the differences by going over what a bench warrant is vs. a regular warrant. Read on to learn the key differences between these two warrant types.
What Is a Bench Warrant?
A bench warrant is a common type of warrant. It is issued directly by a judge or court, typically after someone fails to comply with a court requirement. The most common reasons for a bench warrant include failing to appear before the court on a certain date or failing to pay a fine. Bench warrants aren’t issued because of new criminal charges but rather a person’s failure to follow through with existing legal obligations set by a court.
Law enforcement doesn’t actively look for people with a bench warrant, though it can lead to an unexpected arrest during a routine traffic stop or ID check. If this happens, the person with a bench warrant will be arrested, which can then result in additional penalties, like a higher bail, contempt of court charges, or even jail time in severe cases.
What Is a Regular Warrant?
Formally known as an arrest warrant, a regular warrant is typically requested by law enforcement or a prosecutor. It authorizes law enforcement to arrest a person suspected of committing a crime. This type of warrant always has probable cause to support that the person with a warrant in their name is suspected of a crime. Therefore, a regular warrant is most often issued after a criminal investigation reveals enough evidence to charge someone with a crime.
Since regular warrants are connected to criminal activity, they are much more serious in nature than bench warrants. Because of this, law enforcement agencies will seek to find the individual to take them into custody after their warrant is issued. They will actively look for the person with the warrant and take them before a judge for criminal proceedings.
What Is a Bench Warrant vs Regular Warrant – The Key Differences
Although both a bench warrant and a regular warrant are issued to take someone in custody, they have significant differences in terms of who issues them, purpose, and legal implications. Here are the key differences between them to note.
Who Issues It
A bench warrant is issued by a judge. It is typically issued while in session on the bench, hence the name bench warrant. On the other hand, a regular warrant is also issued by a judge, but only after law enforcement or a prosecutor presents enough evidence to establish probable cause that a crime has been committed.
Why It’s Issued
A bench warrant is issued to enforce compliance with court orders. It doesn’t imply new criminal charges – bench warrants typically follow a procedural violation, such as failing to appear in court or disobeying a court order, such as not paying a fine.
A regular warrant is issued because the law enforcement or the prosecutor has enough evidence to charge someone for criminal activity. For instance, if law enforcement finds video footage of someone stealing from a shop, it will lead to an arrest warrant. It basically initiates the legal process for the prosecution of a criminal activity.
How It’s Executed
One of the key differences between a bench warrant and a regular warrant is how they are executed. Bench warrants are typically enforced passively, which means law enforcement doesn’t actively search for the person with a bench warrant. However, law enforcement will follow through with the arrest upon discovering that the person has a bench warrant, such as during a routine traffic stop or ID check.
Regular warrants aren’t executed passively like this – they are actively pursued by law enforcement, especially if the suspected crime is serious. The law enforcement agency in the area will actively look for the person, such as visiting their home, workplace, or any other address linked to their whereabouts, with the intention of arresting them directly.
Consequences of It
As you can expect from how they are executed, the consequences of a bench warrant and a regular warrant are completely different. While the consequences of a bench warrant typically include paying fines or short jail time, a regular warrant typically results in being taken into custody and formally charged with committing the crime.
Now that you know the differences between these warrant types, you will find out more about resolving them, whether or not they appear on a background check, and how to check if you have a warrant in your name below.
How to Check if You Have a Warrant on Your Name
If you’re wondering if you have a warrant, whether you suspect it to be a bench warrant or an arrest warrant, there are several ways to check it. First, you can call your County Clerk’s Office, where the warrant could be issued, and ask about it. You can also hire a lawyer to check and confirm a warrant on your behalf.
While these are two of the most typical ways of checking if you have a warrant, you can also use online tools like USPeopleSearch to discover this information. Here’s how you can find out if you have a warrant online using USPeopleSearch:
- Go to USPeopleSearch.
- Enter your name, city, and state.
- Click search and answer questions about yourself that appear on the screen.
- Find yourself in the list of people and continue the search.
- Let USPeopleSearch finish the search and get your report.
Once the search is finished, you will have a comprehensive report that includes whether you have a warrant in your name. You will also see any past warrants, as well as other arrest records. Compared to calling and asking, running a search on yourself is a much more convenient way of learning if you have a warrant.
Does a Bench Warrant or Regular Warrant Show Up on a Background Check?
Yes, warrants show up on a background check, whether it is a bench warrant or a regular warrant. In fact, you can consider the above search as running a background check on yourself – the information that appears about warrants is pretty much the same as what will show up on a background check.
However, if the background check is for employment, you must give consent in order for the consumer reporting agency to provide this information to a potential employer.
How to Resolve a Warrant?
Whether you have a bench warrant or a regular warrant, resolving it requires taking certain actions to address it before it leads to your arrest. The first step for this is verifying the warrant, which we’ve explained how you can do this above. Once your warrant is confirmed, what you will need to do depends on the type of warrant you have in your name. Here’s how you can resolve a warrant below.
Handling a Bench Warrant
The best way to handle a bench warrant is to act quickly and voluntarily. Since you will be looked at more favorably by a judge if you voluntarily address it, handling it yourself by appearing in court is going to be the best move.
If you have a criminal defense attorney, they can file a motion to recall the warrant, though you will still likely need to appear in court unless the bench warrant is for a minor violation. Depending on your case, hiring a lawyer can also help you navigate the entire legal process.
If you choose to handle everything by yourself and appear in court, you can contact the County Clerk’s Office to schedule a hearing to explain yourself to the judge. For instance, if you weren’t able to attend a hearing due to being sick, you can explain the situation. However, make sure to bring supporting documents to prove yourself.
In many cases, voluntarily doing all these will result in the judge recalling the warrant, though how severe your case is and when the warrant was first issued can impact the result.
Handling a Regular Warrant
Since a regular warrant is much more serious, handling it requires legal guidance from a professional. If you find out you have an arrest warrant, it is best to hire a criminal defense attorney immediately. Given that you will be arrested no matter what, your lawyer can contact the court or the prosecutor’s office on your behalf to negotiate the terms of your surrender.
Working with a lawyer can help you avoid public arrest, which won’t be pleasant compared to voluntary surrender. This way, you will not only reduce the total time spent in custody but also make yourself look more favorable to the judge since you’ve turned yourself in. Following this, the judge will then decide whether to release you on bail, set conditions for your release, or keep you in custody to wait for trial.
Whether you have a bench warrant or a regular warrant, note that taking actions to address it yourself will always make you look more favorable to the judge, ultimately helping you handle the warrant on the best terms possible.
What Is a Bench Warrant vs Regular Warrant: Conclusion
Bench warrants and regular warrants aren’t the same. A bench warrant is typically issued after failure to comply with the court, whereas a regular warrant, also known as an arrest warrant, is issued after there’s evidence that someone committed a crime.
Due to their differences, a regular warrant is much more serious than a bench warrant, and it will lead to law enforcement actively looking for the person with a regular warrant.
If you suspect that there’s a warrant on your name, whether a bench warrant, regular warrant, or any other type of warrant, you can find out in just a few minutes by running a people search on yourself on USPeopleSearch. Along with pending warrants, you will also know why the arrest was requested.
Previous Article
