Oregon Warrants: Types, Searches, and What to Expect

A warrant is a legal instrument issued by a magistrate or a judge, which gives permission to law enforcement to perform a certain action related to the administration of justice. A warrant gives people some confidence that the administration of justice is handled fairly because the approval of the judge is required.

Although warrants are used in every state in the country, each state has its own access rules and procedures.

What Is a Warrant in Oregon?

The issuance and use of warrants is governed by the Oregon Revised Statutes and the Oregon Rules of Criminal Procedure. Judges of the Circuit, Justice, and Municipal Courts generally issue warrants for similar reasons, including:

• To allow for an arrest when law enforcement establishes probable cause that a person committed a crime
• To grant law enforcement the right to search a person, property, or vehicle for evidence connected to an investigation
• To order a person to appear in court, such as a bench warrant for the failure to appear for a court scheduled hearing

Types of Warrants in Oregon

Judges in Oregon can issue all sorts of warrants based on various situations:

Fugitive or Out-of-State Warrant: This is an order from a state with authority over abiding that requests that a person in Oregon be arrested, and that kicks off an extradition process, according to the Uniform Criminal Extradition Act (UCEA).

Arrest Warrant: This is a written order to a police officer to arrest a person. Typically, there is probable cause that the person committed a crime and/or failed to appear in court.

Bench Warrant: A bench warrant is a warrant issued by a judge that orders law enforcement to arrest an individual. Generally, this order is premised upon an individual's failure to comply with a court order.

Search Warrant: This is a formal court order issued by a judge that allows police officers to go into a person’s privacy to search for items and seize them as part of an investigation into a crime.

Civil Warrant: In Oregon, civil warrant is usually meant to refer to a court order to arrest or seize an individual to force or compel compliance with an order of court, like an order from a family law court.

How to Search for Warrants in Oregon

Although a single statewide database for warrant searches is not available in Oregon, multiple methods exist that allow individuals to effectively access the required warrant details:

1. Oregon Judicial Department (OJD): This portal offers a free online search that provides basic public information on criminal cases where a warrant may be associated with a defendant’s name.
2. County Sheriff’s Offices: Many county Sheriff’s Offices maintain public-facing websites that include a warrant check tool.
3. Clerk of Court Offices: These offices facilitate access to warrant records through public access terminals in the courthouse and direct in-person access to case files.
4. Oregon State Police (OSP): The OSP provides access to warrant information through their Criminal Justice Information Services (CJIS) Division by processing criminal history record requests.
5. Third-Party Background Check Websites: These platforms draw data from the free limited OJD online record search and public access systems of individual county sheriff’s offices and court clerks.

A typical warrant record includes key details like the subject’s name, case file number, bail or bond terms, the specific charges, and the issuing court.

Warrant Records in Major Oregon Counties and Cities

• Portland (Multnomah County): To request warrant records online from the Multnomah County Sheriff’s Office, interested parties can use the Multnomah County Public Records Center portal
• Eugene (Lane County): Lane County residents can view warrant information in criminal case files by visiting the Circuit Court, while the Lane County Sheriff’s Office allows individuals to search the active warrant list at the reception during weekdays.
• Salem (Marion County): The Marion County Sheriff’s Office and Circuit Court manage warrants and related case records.

What Happens After a Warrant Is Issued in Oregon?

An arrest warrant permits law enforcement personnel to search for and take the person named in the warrant into custody. After the arrest, the individual is booked into jail and must be taken before a judge for a prompt arraignment.

Likewise, a bench warrant also allows any peace officer in Oregon to immediately arrest the individual. The individual will then also be taken into custody and will remain in custody pending their appearance before a judge.

Following the issuance of a bench warrant, a police officer must execute it within five days during daytime. Before entering, the officer must declare their identity and purpose and provide a copy to the person in control of the premises.

The consequences following the issuance of a civil warrant differ from those of a criminal arrest warrant. The County Sheriff’s Civil Unit may seize the property or garnish assets of the individual named in the warrant to satisfy a debt.

When seeking to resolve an outstanding warrant in Oregon, individuals can take the following steps:

• Hiring legal counsel to confirm the existence of the warrant and provide resolution options
• Surrender voluntarily to the issuing jurisdiction with the presence of an attorney
• Filing a motion with the court to quash or recall the warrant

Neglecting an active warrant can result in unexpected detention by law enforcement during routine actions such as traffic stops and employment background checks.

How Long Does a Warrant Stay Active in Oregon?

In Oregon, bench and arrest warrants remain active until the person is arrested or the judge recalls the warrant. Most warrants do not expire, but search warrants in Oregon are only active for five days. The judge who issues the search warrant can extend the active time for the search warrant up to a maximum of ten days from the date the search warrant is issued. The time period for contempt of court civil warrants never expires (indefinite warrants).

A warrant can be canceled if a person completes the proper legal procedures, or if the issuing judge recalls the arrest warrant. Bench warrants and arrest warrants are permanent and can be served years later after the original date the warrant was issued.

In Oregon’s legal system, warrants are integral parts of the system to allow the supervision of all searches, court appearances, and arrests by judicial authority. An arrest warrant enacted in a criminal case, a bench warrant due to a missed court date, or a civil warrant regarding a tenancy dispute—regardless of the type of warrant, they will always have serious consequences.

In Oregon, warrant status can be checked by residents through the OJD online portal, sheriff’s offices, the Oregon State Police, and Clerks of Courts. Most warrants do not expire and must be proactively addressed in front of the court before being resolved, so it is important to be proactive to avoid negative consequences.