California § 851.6. 851.6. (Amended by Stats. 2017, Ch. 566, Sec. 2.)

California Statutes

§ 851.6. — 851.6. (Amended by Stats. 2017, Ch. 566, Sec. 2.)

California § 851.6.

JurisdictionCalifornia

Code PENPenal Code - PEN

Title3.

Part 2.TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE

Ch. 5.CHAPTER 5. Arrest, by Whom and How Made

This text of California § 851.6. (851.6. (Amended by Stats. 2017, Ch. 566, Sec. 2.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 851.6. (2026).

Text

(a)In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention.

(b)In any case in which a person is arrested and released and an accusatory pleading is not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him or her describing the action as a detention.

(c)The Attorney General shall prescribe the form and content of the certificate.

(d)Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the Department of Justice. Thereafter, any

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(a)
In any case in which a person is arrested and released pursuant to paragraph (1), (3), or (5) of subdivision (b) of Section 849, the person shall be issued a certificate, signed by the releasing officer or his superior officer, describing the action as a detention.
(b)
In any case in which a person is arrested and released and an
accusatory pleading is
not filed charging him or her with an offense, the person shall be issued a certificate by the law enforcement agency which arrested him or her describing the action as a detention.
(c)
The Attorney General shall prescribe the form and content of the certificate.
(d)
Any reference to the action as an arrest shall be deleted from the arrest records of the arresting agency and of the
Department of Justice. Thereafter, any record of the action shall refer to it as a detention.