California: Adult Non-Conviction Arrests (CA-NC-3)

Records relating to an arrest for which no charges are filed are deleted from the records of the arresting agency and the Department of Justice. The action is officially deemed a detention. Cal. Pen. Code § 851.6.

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Delete

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. The arresting law enforcement agency shall issue the certificate describing the action as a detention and shall delete any reference from the records of the arresting agency and the Bureau of Criminal Identification. Cal. Pen. Code § 851.6(b).

Fees

There is no statutory language regarding fees.

Effect

Any record of the action shall refer to it as a detention and any reference to the action as an arrest is deleted from the arrest records of the arresting agency and the Department of Justice. Cal. Pen. Code § 851.6(d).

Waiting Periods

There is no statutory language regarding waiting periods.

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