I just found out I have a bench warrant for a check that was written in 2004 and it seems that the check returned. I am in the hiring process for a job and it came back on my background check that I have a class c felony warrant because the check was $210. I sent the $540 to the prosecuting attorneys office today but I was wondering if and can I have this removed from my record by Thursday. If not I will loose my job. The thing is that the office states the warrant was never served but its on my record because a background company named EBI has it listed and the hiring company I applied with says it must be removed by Thursday so they can run the background check again. I am not in the city where the warrant was issued.
Country relating to Question: United States
State (if USA): Arkansas
I payed the amount due today and sent the money order via fed ex. The money order will arrive to the prosecuting attorneys office tomorrow at 10:30. It seems that this has been on my record since 2007 and I had no idea because my last job did a background check and I never knew this was on there. I called the background company and they said I had to file a dispute which I have done but its no guarantee that this will be off my record by thursday
Thanks for your question.
The speed at which the warrant is removed from your record really depends on how fast the court recalls the warrant and the clerk removes it from the records. There are no guarantees that this will be accomplished by Thursday, nor is there any way to speed up the process.
I suggest that you contact the prosecutor's office tomorrow morning to make sure that he/she has received your money, and has taken it to the clerk of court's office for payment on your outstanding charge. I would then contact the clerk of court's office to explain your situation, and to request that the warrant be recalled and removed from your record as soon as they can possibly do it. If you communicate to them the reason why you would like to have this process expedited, I feel relatively certain they will be glad to assist you.
I hope this helps. Good luck.
So once the warrant is recalled will EBI have it removed off of my background check?
Once the warrant is recalled by the court, it should be removed from the computer system - otherwise, it would still show up as an active warrant, and law enforcement officers would be able to arrest you on it. EBI should not be able to see it when they run a "new" background check on you.
Ok I think this is my last question. Once the check is received by the clerks office is it as simple as a few clicks of a button on there computer system or do they have to set a court date or see a judge to have it removed. Also with this on my background am I considered a felon?
So I will I know if it has been removed do I just keep calling the courts to see if the clerk has removed it?
The answer to your last questions depends on what you have arranged with the prosecutor's office. I am assuming - particularly since the check is so old - that the prosecutor is simply interested in having you pay it off rather than putting a criminal conviction on your record. I'm assuming that the underlying charge will be dismissed by the prosecutor since you are paying off the check. If this is true, and the charge is dismissed, you will not be a felon. To be considered a felon, it would be necessary for you to have been convicted (either by entering a guilty plea, or through a jury Verdict of guilty) of a felony. In other words, a dismissal is not a conviction.
It is possible that the charge itself can remain on your record even if it is dismissed, but, once the warrant is recalled, it should be almost immediately obliterated from your record.
I suggest that when you speak with the prosecutor tomorrow, you should ask him about the charge (as opposed to the warrant) remaining on your record, and if so, what you need to do to have it expunged (removed) or sealed. Apparently, the company that is doing the background check for you is not concerned about the underlying charge (i.e., the bad check charge itself), but only just the warrant.
In response to your last question, the clerk should be able to tell you when it has been removed.
23 years of experience; former prosecutor, magistrate, child support attorney
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