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  1. #1
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    Sep 2009
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    Default 15 Year Old Warrant: Does It Show Up on a Background Check when Does It Expire

    My question involves an arrest warrant from the State of: New York State

    I had a warrant issued for my arrest on check fraud fifteen years ago and I am applying for a new job and they have requested a thorough background check. I was wondering whether this might prevent me from getting the job and if this search may re-activate the dormant warrant. Does an old warrant ever expire? I was arrested for fare evasion 5 years ago and the warrant was not mentioned to me. I'd appreciate any advice you could provide. I am concerned about this.

  2. #2
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: 15 Year Old Warrant: Does It Show Up on a Background Check when Does It Expire

    Warrants do not ever expire - they remain active until you are arrested, you die, or the judge rescinds them. That last hardly ever happens.

    Background checks vary. What one background check misses, another may pick up.

    Your best option is to hire an attorney to negotiate the terms of your surrender on your behalf. This often results in only having to show up at the courthouse with your checkbook open.
    I'm not a lawyer, but I play a researcher on the internet!
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  3. #3
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    Default Re: 15 Year Old Warrant: Does It Show Up on a Background Check when Does It Expire

    Quote Quoting LawResearcherMissy
    View Post
    Warrants do not ever expire - they remain active until you are arrested, you die, or the judge rescinds them. That last hardly ever happens.

    Background checks vary. What one background check misses, another may pick up.

    Your best option is to hire an attorney to negotiate the terms of your surrender on your behalf. This often results in only having to show up at the courthouse with your checkbook open.
    But hasn't the staute of limitations expired by now? Even if I surrendered myself, I don't have adequate funds to cover the fraudulent check. Would I be arrested for failure to pay?

  4. #4
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    Default Re: 15 Year Old Warrant: Does It Show Up on a Background Check when Does It Expire

    There is no statute of limitations on arrest warrants. The statute of limitations only provides a time limit in which to initiate action.

    Once that action is initiated, you can run to the ends of the Earth, and can still be prosecuted and punished once you're caught.

    There is a REASON I have suggested that you get an attorney to negotiate on your behalf. If you just surrender, yes, you're likely to land in jail. You need to consult with an attorney post haste.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  5. #5
    Join Date
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    Default Re: 15 Year Old Warrant: Does It Show Up on a Background Check when Does It Expire

    Quote Quoting LawResearcherMissy
    View Post
    There is no statute of limitations on arrest warrants. The statute of limitations only provides a time limit in which to initiate action.

    Once that action is initiated, you can run to the ends of the Earth, and can still be prosecuted and punished once you're caught.

    There is a REASON I have suggested that you get an attorney to negotiate on your behalf. If you just surrender, yes, you're likely to land in jail. You need to consult with an attorney post haste.
    Not what I wanted to hear, but thanks for your advice. My other option is to remove myself from consideration for the job and stop the background check, but I'm not sure if it is too late. Once the check has indicated that there is an active warrant, does the employer generally notify the authority?
    They have my current information, so I would imagine that they could come knocking on my door and arrest me. This job might not be worth the hassle.

  6. #6
    Join Date
    Jan 2008
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    Toledo, OH
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    Default Re: 15 Year Old Warrant: Does It Show Up on a Background Check when Does It Expire

    Once the check has indicated that there is an active warrant, does the employer generally notify the authority?
    Not usually. They're not under any obligation to do so.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  7. #7
    Join Date
    Sep 2009
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    4

    Default Re: 15 Year Old Warrant: Does It Show Up on a Background Check when Does It Expire

    Quote Quoting LawResearcherMissy
    View Post
    Not usually. They're not under any obligation to do so.
    When I authorized the background check, I had no idea that this old warrant could come back to haunt me. I want and need this job, but I think I am going to withdraw myself from consideration. I appreciate your help. I just have one more question: Why did the warrant go undetected when I was picked up for fare evasion? I have heard about "Broken Windows" theory of law enforcement. I'd assume that they ran a check for outstanding warrants while processing me.

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