{"code":"PEN","codeName":"Penal Code","section":"849.5","citation":"Pen. Code, § 849.5","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]","url":"https://blackletter.si/penal-code/part-2"},{"name":"TITLE 3. ADDITIONAL PROVISIONS REGARDING CRIMINAL PROCEDURE [777. - 883.]","url":"https://blackletter.si/penal-code/part-2/title-3"},{"name":"CHAPTER 5. Arrest, by Whom and How Made [833. - 851.93.]","url":"https://blackletter.si/penal-code/part-2/title-3/chapter-5"}],"history":"Added by Stats. 1975, Ch. 1117.","effective":null,"html":"<p>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.</p>","text":"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.","otherVersions":[],"url":"https://blackletter.si/penal-code/arrest-by-whom-and-how-made-849-5","source":"California Legislative Information bulk export (pubinfo)"}