Many people who are arrested may not realize that there is relief granted under California law that allows them to clean up their arrest records. The most common relief involves sealing your arrest record or having a detention certificate issued by law enforcement.
While recent "Clean Slate" laws aim to automate some of this process for newer arrests, many records, especially older ones or those involving specific circumstances, still require a formal petition to the court. Unlike older versions of the law, current California relief is retroactive, meaning you can petition to seal an arrest record even if it occurred many years ago.
At Ridley Defense, we help you determine which form of relief is right for you. In many cases, a Certificate of Detention may be the fastest way to clear your name, while a court-ordered seal provides the most comprehensive protection against background checks.
Our experienced attorneys will walk you through the process, helping you to understand your rights. Contact our offices at (805) 208-1866 to discuss your case.
What Is the Difference Between Sealing an Arrest Record and a Certificate of Detention?
The difference between an arrest and a detention is important because you do not have to disclose detentions, but in many cases, you must disclose an arrest.
If you were arrested and released, but no charges were subsequently filed, then your arrest was actually only a detention. If your arrest was a detention, then the law enforcement agency that detained and released you must issue a Certificate of Detention, which deletes the record of the arrest (Penal Code Section 849.5).
A Certificate of Detention (Penal Code Section 851.6) may be the best and fastest remedy to “clean up” your arrest record. If you have received a Certificate of Detention or were released without charges, contact our firm to discuss your situation and find out what legal options are available to you.
What is a Detention Certificate in California?
A Detention Certificate, also called a Certificate of Detention, is an official notice from law enforcement under Penal Code Section 851.6. It confirms that while you were detained and perhaps booked, you were never formally arrested and no charges were filed. This certificate protects you from being misidentified as having an arrest record when you apply for jobs, housing, or professional licensing.
Does Penal Code Section 849.5 Mean a “Detention Only” Situation?
Yes. Under Penal Code Section 849.5, if you were arrested but released without charges, that detention must be treated as a “detention only.” In other words, you were never formally arrested for a crime, and law enforcement must record the incident as a detention, not an arrest.
Does Being Detained Go on Your Record?
Not in the same way an arrest does. A detention does not create a criminal record. However, if the detaining agency does not properly issue or record a Certificate of Detention, the incident may still appear as an “arrest” on background checks. That’s why obtaining the certificate is important as it corrects the record and confirms you were never arrested.
Is a Certificate of Detention a Good Thing?
Yes. It’s a positive outcome because it affirms that you were not actually arrested. Employers, licensing boards, and background check companies view a detention certificate as a clarification that no criminal charges were brought against you.
Does a Certificate of Detention Remove an Arrest from Background Checks?
In most cases, yes. Once a Certificate of Detention is properly issued and documented, the incident should no longer appear as an arrest. However, private background check companies sometimes rely on outdated data. If an old “arrest” still shows up, your attorney can assist with correcting or removing that record.
Does a Detention Certificate Automatically Seal My Arrest Record?
Not automatically. A Certificate of Detention changes the status of your prior “arrest” to a “detention,” effectively clearing it from most public records. However, if parts of the record remain visible, additional steps, such as a petition to seal under Penal Code Section 851.91, may still be required to ensure the incident is fully sealed from background checks.
Is There a Difference Between a Detention Certificate and an Arrest Record Seal?
Yes. Sealing an arrest record under Penal Code Section 851.91 requires filing a petition with the court, and eligibility depends on your case outcome. A Certificate of Detention, on the other hand, is issued directly by law enforcement when no charges are filed. It’s often faster and doesn’t require a court hearing.
Who Is Eligible for Sealing An Arrest Record?
A motion to seal an arrest record is accomplished through a petition filed with the court (Penal Code Section 851.91). You may be eligible for relief if:
- The statute of limitations has run, and no accusatory pleading has been filed.
- An accusatory pleading was filed, but no conviction occurred; the charge has been dismissed and may not be refiled.
- No conviction occurred, and you were acquitted.
- A conviction occurred but has been vacated or reversed on appeal, and all appellate remedies have been exhausted.
- You successfully completed a diversion program (such as Penal Code 1001.36 or 1001.80) and the charges were dismissed.
What Situations Qualify Someone for a Detention Certificate?
California law continues to require law enforcement to issue a Certificate of Detention if an arrest does not lead to a formal criminal case. You may qualify if:
- No Charges Filed: You were arrested and released, but the prosecutor declined to file an accusatory pleading (Penal Code § 849.5).
- Insufficient Grounds: The arresting officer was satisfied that there was insufficient cause to make a criminal complaint against you (Penal Code § 849(b)(1)).
- Medical or Treatment Release: You were arrested for being under the influence of drugs or alcohol but were released to a hospital or treatment facility rather than being booked into jail (Penal Code § 849(b)(3)).
- Diversion/Social Services: You were released and referred to an urgent care or social service organization in lieu of prosecution (Penal Code § 849(b)(5)).
- Factual Innocence: You were cited and released, and it was later determined that you were factually innocent of the alleged crime.
Even if you qualify, law enforcement agencies often "forget" to issue these certificates. At Ridley Defense, we can step in to ensure the agency complies with Penal Code Section 851.6, effectively deleting the "arrest" from your record and replacing it with a "detention."
When Am I Not Eligible to Seal My Arrest Record?
If any of the following circumstances apply to you, you might not be eligible to seal your arrest record:
- Pending Charges: The statute of limitations for the offense has not yet expired, and the prosecutor could still file charges against you.
- Serious/Violent Crimes: The arrest was for murder or another offense with no statute of limitations (unless you were eventually acquitted or found factually innocent).
- Intentional Evasion: You intentionally avoided prosecution for the arrest. For example, by fleeing the jurisdiction or becoming a "fugitive."
- Identity Fraud: You engaged in identity fraud to evade efforts to prosecute the arrest and were subsequently charged with a crime for that identity fraud.
- Sex Offense Registry: In most cases, if the arrest requires you to register as a sex offender under Penal Code 290, you are ineligible for sealing.
- Pattern of Abuse: If your record shows a "pattern" of arrests or convictions for domestic violence, child abuse, or elder abuse, the court has the discretion to deny your petition unless you can prove it is in the "interest of justice" to seal it.
Can I Request a Certificate of Detention if I Was Arrested Years Ago?
Yes. Even if your case is older, law enforcement can retroactively issue a Certificate of Detention if records show you were released without charges. This process can be especially helpful for clearing background check errors that linger over time.
Under What Circumstances Will an Arrest Record Be Sealed?
While California has introduced automatic record relief for many arrests, the system is not perfect. Filing a petition with the court remains the most reliable way to ensure your record is cleared. Under Penal Code Section 851.91, an arrest record can be sealed "as a matter of right" in most cases where no conviction occurred, or "in the interest of justice" for more complex cases.
In determining whether the interests of justice would be served by sealing an arrest record, the court may consider:
- The hardship on the petitioner created by the arrest
- The petitioner’s good character
- Evidence related to the arrest
- The conviction record of the petitioner
While some arrests are eligible for automatic relief, the process is often delayed. A court petition is the only way to guarantee your record is cleared and updated immediately. If you were convicted of a crime and it was not vacated or reversed, contact our office to discuss whether you would be eligible for an expungement.
Why a Petition is Better Than Waiting for "Automatic" Sealing?
Many people believe their records are already sealed automatically. However, the Department of Justice’s "Clean Slate" system often has significant backlogs. By filing a formal petition through the court:
- You receive a signed court order that you can provide to employers or background check companies.
- You ensure the sealing is enforced across all databases, not just the DOJ's internal records.
- You have a legal advocate to argue the "interest of justice" if the court or prosecutor objects.
How Can an Attorney Help with a Detention Certificate or Record sealing?
California law provides several forms of relief for people looking to clean up their arrest records. Sealing your arrest record or having your arrest deemed a detention may help you secure gainful employment, housing, and a professional license.
If you have been arrested and are seeking to have your record sealed, contact our office today. Our attorneys can help you understand your legal options, including requesting a Certificate of Detention or filing a petition with the court to seal your arrest record. Contact our office at (805) 208-1866 to discuss how to clean up your criminal record.
Contact Ridley Defense for Trusted Legal Help
At Ridley Defense, our criminal defense attorneys review your case, determine whether your incident qualifies as a detention or arrest, and handle communication with law enforcement or the courts. We ensure your record reflects the true outcome. We’re here to protect your reputation and future opportunities.
If you’re unsure whether you qualify for a Certificate of Detention or record sealing, contact Ridley Defense at (805) 208-1866 for a confidential consultation.
