What to Do If You Have a Warrant for Your Arrest in Indiana
A judge cannot issue an arrest warrant in Indiana until either a grand jury indicts you, or a judge personally finds probable cause and an information is filed.
Those are the only two routes, and the difference between them matters: on an indictment the court issues the warrant without making a probable cause determination. Misdemeanor warrants expire after 180 days. Felony warrants never expire.
Checking is easy. What you do next is the part that matters.
Confirming a warrant exists takes minutes. Deciding how to surrender, what bond to argue for, and whether there are additional counts attached is where people either protect themselves or don't.
Most people looking this up are in one of two situations. Either they have been questioned by police and are waiting to find out whether charges are coming, or they have heard secondhand that there is already a warrant with their name on it.
Either way, understanding how a warrant actually gets issued tells you something useful — because each step in that process is a place where the State has to do something, and where a defense lawyer can sometimes intervene before the arrest happens rather than after.
Who can issue a warrant, and when?
Ind. Code § 35-33-2-1 sets out the whole framework in three subsections, and they are worth reading closely.
Subsection (a) covers indictments. Where a grand jury has returned an indictment and the defendant is not already in custody, the court — "without making a determination of probable cause" — shall issue a warrant for the arrest. The grand jury has already done that work.
Subsection (b) covers informations, which is how the overwhelming majority of Indiana cases are charged. Where an information is filed and the defendant is not in custody, the court shall issue a warrant "after first determining that probable cause exists for the arrest."
Subsection (c) is the backstop: no warrant may issue until either an indictment has been found, or a judge has determined probable cause exists and an information has been filed.
On an indictment, no judge independently reviews probable cause before the warrant issues. On an information, one does.
Most Indiana prosecutions proceed by information, which means a judge looked at something and made a finding. That finding, and the affidavit behind it, is a document your lawyer will want early.
What does the warrant itself have to say?
Ind. Code § 35-33-2-2 sets the required contents. The warrant must be in writing. It must name you, or describe you "with reasonable certainty." It must set forth the nature of the offense, state the date and county of issuance, and be signed by the clerk or judge with their title of office.
It must command that you be arrested and brought before the issuing court "without unnecessary delay," and it must specify the amount of bail, if any. It is directed to the sheriff of the county. The statute then supplies a form.
That bail figure on the face of the warrant is not immovable. Under Ind. Code § 35-33-8-5(a), either the State or the defendant "may be granted an alteration or revocation of bail by application to the court before which the proceeding is pending," on a showing of good cause. Arguing that number down before surrender is often the single most valuable thing done in the first week.
The bail number on the warrant is negotiable.
It was set without hearing from you. A good-cause application under § 35-33-8-5(a) is how that changes — and it is better filed before you are in custody than after.
How do I check if I have a warrant?
Several routes, in rough order of how much risk they carry.
- Indiana's public court records portal, mycase.in.gov, shows case filings and often the existence of an active warrant.
- The county sheriff's office typically maintains a warrant list. Calling to ask about yourself, by name, is the version of this that carries the most obvious risk.
- The clerk of the court in the county where the case is pending can confirm what is on the docket.
- Having a lawyer check. Counsel can confirm the warrant, pull the charging information and probable cause affidavit, and see the bail amount — without announcing your location to anyone.
The last option exists for a reason. The others put you on a phone or at a counter with people whose job includes serving warrants.
Does an arrest warrant expire?
Ind. Code § 35-33-2-4: a warrant of arrest for a misdemeanor expires 180 days after issuance. A warrant for a felony, and a rearrest warrant for any offense, do not expire.
But the same section provides that "upon request of the prosecuting attorney, the court shall issue another warrant." The sheriff returns the expired warrant to the clerk, the clerk notes the expiration and notifies the prosecutor, and a new one issues on request.
So expiration is an administrative event, not a resolution. A felony warrant will sit indefinitely — through job changes, moves out of state, decades. People are arrested on Indiana felony warrants during unrelated traffic stops in other states years later.
Ind. Code § 35-33-2-5: when an information or indictment is dismissed, the court shall order the sheriff to make a return on any outstanding warrant stating that the charge has been dismissed, and the sheriff shall notify any officer holding it that it has been revoked.
Worth knowing, because dismissed cases do occasionally leave live-looking warrants in databases. If that happened to you, this is the section that fixes it.
What if I was arrested without a warrant?
Different provision, and one that is regularly cited incorrectly. Ind. Code § 35-33-7-2 does not govern the issuance of arrest warrants. It governs what happens when someone is arrested without one.
Under subsection (b), at or before the initial hearing of a person arrested without a warrant, "the facts upon which the arrest was made shall be submitted to the judicial officer, ex parte, in a probable cause affidavit." The facts may instead be submitted orally under oath, in which case the proceeding is recorded by a court reporter.
So there is still a judicial probable cause check — it just happens after the arrest rather than before it. That affidavit is a core document in any warrantless-arrest case, and the timing of the initial hearing is itself something worth examining.
The four situations people mean
| Type | How it's triggered | Expires? |
|---|---|---|
| Warrant on an indictment | Grand jury returns an indictment; court issues without a PC finding — § 35-33-2-1(a) | Felony: no |
| Warrant on an information | Judge finds probable cause, information filed — § 35-33-2-1(b) | Misdemeanor: 180 days. Felony: no |
| "Bench" warrant after a missed date | Failure to appear without good cause — § 35-33-4-1(b) | Follows the charge level |
| Traffic failure to appear | Court may issue; BMV notified after 30 days — § 9-30-3-8 | Suspension continues until resolved |
| Rearrest warrant | Issued after forfeiture or revocation | Never expires |
The first 48 hours after you confirm a warrant are the ones that count. Use them.
We can confirm what is outstanding, pull the charging information and probable cause affidavit, look at the bail set on the face of the warrant, and arrange a surrender on terms rather than a stop on the side of the road.
Frequently asked questions
01Can police enter my home on an arrest warrant?
An arrest warrant lets officers enter the residence of the person named if they reasonably believe that person is inside. Entering someone else's home to arrest you generally requires a search warrant, consent, or exigent circumstances. The distinction comes from federal Fourth Amendment law rather than the Indiana Code.
02What's the difference between an arrest warrant and a bench warrant?
An arrest warrant issues at the start of a case, on an indictment or a probable cause finding. A "bench warrant" is courthouse shorthand for one issued mid-case, usually after a missed court date under Ind. Code § 35-33-4-1(b). Indiana's criminal code does not actually define the term — it says "warrant of arrest" throughout.
03Do warrants show up on background checks?
Often. Indiana court records are broadly searchable through mycase.in.gov, and many warrants appear in law enforcement databases that commercial screening companies pull from. Employers, landlords and licensing boards do find them.
04Can a warrant from another county be served where I live?
Yes. An Indiana warrant is enforceable statewide, and felony warrants are commonly entered into databases that reach beyond Indiana. Living in a different county from the one that issued it provides no protection.
05Can I find out about a warrant without alerting anyone?
A lawyer can check the docket, pull the charging documents and see the bail amount without identifying where you are. Calling the sheriff's office to ask about yourself does not offer the same discretion.
This article is general information about Indiana law, not legal advice, and reading it does not create an attorney–client relationship. Statutes change and every case turns on its own facts. Reviewed August 2026 against the 2026 edition of the Indiana Code. Attorney advertising.
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