Arrested by the CHP, But No Case Filed? DOJ Record Updated?

Penal Code § 851.6(b) obligates an arresting agency to issue a certificate to an arrested person describing the arrest as a detention, not an arrest, if no criminal case is filed.  The arrested person, however, must usually assert this right or else the arresting agency will not change the record to a detention only.  This means that if the arrested person, against whom no criminal case was filed, trusts the arresting agency to make the change in the Department of Justice database, it will not get done.  Is this a civil wrong by the arresting agency?  Click on the following link to find out more on this issue.

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