Legal Question in Criminal Law in California

A copy of penal code section 849(b)(2) is set out below. Being released there was no arrest only a detention. The code section requires that this information be included in the record. You could go to the court and search for a court case on this matter. If there is a court file it should contain the information about the arrest, the release under 849(b)(2). Court files are public records so you can request a copy of the file. The clerk should tell you what copy charge for page is and make a copy for you. If there is not a case opened against you then ask the court clerk for a statement that the court files have been searched and not record was found. That should satisfy the licensing agency. If that does not solve your problem then contact an attorney for a more through review and to work with the licensing agency.

PEN �849. (a) When an arrest is made without a warrant by a peace officer or private person, the person arrested, if not otherwise released, shall, without unnecessary delay, be taken before the nearest or most accessible magistrate in the county in which the offense is triable, and a complaint stating the charge against the arrested person shall be laid before such magistrate.

(b) Any peace officer may release from custody, instead of taking such person before a magistrate, any person arrested without a warrant whenever:

(1) He or she is satisfied that there are insufficient grounds for making a criminal complaint against the person arrested.

(2) The person arrested was arrested for intoxication only, and no further proceedings are desirable.

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