California Legal Codes and Statutes

§ 849.5

Added by Stats. 1975, Ch. 1117.

In any case in which a person is arrested and released and no accusatory pleading is filed charging him with an offense, any record of arrest of the person shall include a record of release. Thereafter, the arrest shall not be deemed an arrest, but a detention only.

Cite this section

Cal. Pen. Code § 849.5 (2026)
https://ca.codecond.com/codes/pen/part-2-of-criminal-procedure/title-3-additional-provisions-regarding-criminal-procedure/chapter-5-arrest-by-whom-and-how-made/section-849.5

Other sections in Chapter 5 - Arrest, by Whom and How Made

§ 833§ 833.2§ 833.5§ 834§ 834a§ 834c§ 835§ 835a§ 836§ 836.1…§ 851.7§ 851.8§ 851.85§ 851.86§ 851.865§ 851.87§ 851.90§ 851.91§ 851.92§ 851.93

This content is for reference, learning, and study purposes only. All legal text should be verified against the official California Legislative Information website, which is the authoritative source for California law. Data last processed: February 14, 2026.