Monrovia, CA asked in Criminal Law for California

Q: After an arrest was made, there was insufficient information at DA hence charges dropped. Change arrest to detain status

What is the simple procedure to change "arrested" to "detained"? It's as simple as going to the Police Station and filling out the form correct? And this will change the status? How long does it take for the status change? Can anyone go and get the form that honor 849.5 code/law? Can we fill it out online?

NOTE: We did not go to court so the record doesn't need to be expunged.

Some police stations/officers even send out this form to honor 849.5 code/law

Apologies, first time being falsely arrested (never been arrested in my life) and very scared

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2 Lawyer Answers
William M. Weinberg
William M. Weinberg
PREMIUM
Answered
  • Criminal Law Lawyer
  • Irvine, CA
  • Licensed in California

A: The police department can issue a Detention only letter for you. Any records check will reflect a detention only. If that isn’t sufficient you may need to file a petition for factual innocence at the courthouse where your case would have been heard had it been filed. That is a noticed motion with points and authorities, declarations and argument.

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: in Riverside Co we file a Petition to seal an arrest under PC 851.91 and then an order for same....if an arrest and no filling.

otherwise the police can issue detention only letter.

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