California Codes

Cal. Penal Code § 851.6 (2026)

Arrest, by Whom and How Made

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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.

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1978–2024 · leading case: Armondo v. Dep't of Motor Vehs., 15 Cal. App. 4th 1174 (Cal. Ct. App. 1993).
Armondo v. Dep't of Motor Vehs., 15 Cal. App. 4th 1174 (Cal. Ct. App. 1993). “(Pen. Code, § 851.6, subds. (a), (b).) Because her arrest must *1178 be considered a mere detention, appellant contends, the DMV necessarily failed to satisfy its burden of proof.”
People v. White, 77 Cal. App. Supp. 3d 17 (Cal. App. Dep’t Super. Ct. 1978). “45 subdivision (b) do contain express provisions making them retroactive, Penal Code section 851.6 subdivisions (a) and (b) and Welfare and Institutions Code section 781 commence with the words, “in any case.”
Behan v. Alexis, 116 Cal. App. 3d 403 (Cal. Ct. App. 1981). “(Pen. Code, § 851.6.) Procedural Background Behan was arrested for drunk driving.”
Reyna v. City of Santa Cruz, No. 3:23-cv-03121 (N.D. Cal. Aug. 9, 2024). · cites it 2× “20 Plaintiff was subsequently issued a certificate which stated that her being taken into 21 custody was a detention, and not an arrest, pursuant to California Penal Code Section 851.6 22 (Exh.”
Tennyson v. Cnty. of Sacramento, No. 2:19-cv-00429 (E.D. Cal. May 26, 2021). “” Cal. Penal Code § 851.6 (b). That section also requires 7 | that “[ajny reference to the action as an arrest” must be “deleted from the arrest records of the 8 | arresting agency and of the [California] Department of Justice” and that “any record of the action 9 | shall refer…”
Cal. Penal Code § 851.6(b): 1 case
Reyna v. City of Santa Cruz, No. 3:23-cv-03121 (N.D. Cal. Aug. 9, 2024). “20 Plaintiff was subsequently issued a certificate which stated that her being taken into 21 custody was a detention, and not an arrest, pursuant to California Penal Code Section 851.6 22 (Exh.”
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