My Background Check Shows a Bench Warrant That Was Cleared Years Ago What Should I Do?
If your background check is still showing a bench warrant that was resolved years ago, you’re dealing with one of the most frustrating and surprisingly common data problems in the background check industry. Bench warrants don’t automatically fall off your record just because they were cleared. And when outdated information stays in the system, background check companies may pick up an old version of your record instead of the corrected one.
Why Old Bench Warrants Still Show Up on Background Checks
Bench warrant data comes from multiple sources, and not all of them update at the same speed. Even if the court cleared the warrant long ago, outdated databases can continue to spit out the old status.
Here’s why it happens:
The court updated the record, but third-party databases didn’t
A data broker still shows the warrant as active
The background check company pulled older public records
The database that “feeds” the background check is years out of date
Your name or date of birth matches someone who still has a warrant
The warrant was cleared on paper but never updated in the digital court system
In some counties, courts only update their own systems, leaving independent criminal databases outdated for years.
Is It Legal for a Background Check to Show a Cleared Bench Warrant?
It depends on how it’s being shown.
Allowed:
A background check can show that a bench warrant existed in your past — but ONLY if the final outcome is included and presented correctly.
Not Allowed:
A background check cannot report:
A cleared warrant is active
An old warrant is “pending.”
A warrant tied to the wrong case
A warrant belonging to someone else
A warrant that the employer would wrongly interpret as unresolved
That is considered misleading, and the Fair Credit Reporting Act (FCRA) prohibits this.
So if the report makes it look like you still have a warrant, or if it leaves out the fact that it was cleared, you may have a strong legal claim.
What You Can Do to Fix a Cleared Bench Warrant on Your Background Check
Here’s the most effective approach:
1. Get the court documents. Ask the court clerk for:
Proof the warrant was cleared
Final disposition of the underlying case
A docket sheet showing the closure date
This will be your evidence.
2. Look closely at how the background check describes the warrant. Is it listed as: Active, Open, Pending, Unresolved? Or does it simply show the warrant without noting it was cleared?
3. Send a dispute to the background check company. Explain that the warrant was cleared years ago and attach your documents. They are legally required to reinvestigate.
4. Tell the employer the report is inaccurate. A simple statement like: “The background check contains outdated information. Here is proof that the warrant was cleared.” The employer can pause the hiring decision.
5. Contact an FCRA lawyer. If the false warrant caused you any of the following:
lost job offer
delayed hiring
embarrassment
income loss
You may be entitled to compensation, and you pay nothing upfront.
How We Can Help
If your background check is showing a bench warrant that was cleared years ago, we can challenge the outdated information, correct your report, and pursue compensation for any harm it caused, all at no upfront cost.