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Is a 5150 (involuntary 3 day hold) on your criminal record?

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Posted

I was giving a presentation on my experiences with mental illness with a second presenter to a high school class. He has his MFT and he said he wouldn't be able to work in that field if he had a 5150 on his record because it's a misdemeanor. I was wondering if that is true.

I was picked up by the police and taken by ambulance to a county mental facility. I signed voluntary and never went to court. I stayed for 3 days and signed that I wouldn't possess a firearm for 5 years. There were no criminal charges. I wasn't threatening to harm myself or anyone, but I was running around and refusing to go with my parents.

Would this show up on a background check? Is it a crime?

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Posted

i am curious about this as well. i have a few involuntary admissions, two of which i received a TDO [temporary detention order] from the police and had to go in front of a judge, where it was determined that i could be kept against my will for up to 30 days. the TDO papers were served to me by the police, and looked very much like legal/police paperwork and were signed by policemen. i have always wondered if these things would show up on my permanent record. i guess i am lucky that my current job did not do a background check, if that is the case.

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Posted (edited)

It goes on your medical record, not your criminal record. So somebody running a background check wouldn't be able to see it unless they had access to your medical records.

EDIT: The 5150. I'm not sure about the other one.

Edited by Damik

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Posted

Specific to Calif:

(f) (1) No person who has been (A) taken into custody as provided

in Section 5150 because that person is a danger to himself, herself,

or to others, (B) assessed within the meaning of Section 5151, and

© admitted to a designated facility within the meaning of Sections

5151 and 5152 because that person is a danger to himself, herself, or

others, shall own, possess, control, receive, or purchase, or

attempt to own, possess, control, receive, or purchase any firearm

for a period of five years after the person is released from the

facility. A person described in the preceding sentence, however, may

own, possess, control, receive, or purchase, or attempt to own,

possess, control, receive, or purchase any firearm if the superior

court has, pursuant to paragraph (5), found that the People of the

State of California have not met their burden pursuant to paragraph

(6).

(2) (A) For each person subject to this subdivision, the facility

shall immediately, on the date of admission, submit a report to the

Department of Justice, on a form prescribed by the Department of

Justice, containing information that includes, but is not limited to,

the identity of the person and the legal grounds upon which the

person was admitted to the facility.

Any report submitted pursuant to this paragraph shall be

confidential, except for purposes of the court proceedings described

in this subdivision and for determining the eligibility of the person

to own, possess, control, receive, or purchase a firearm.

I have had some very specific job requirements that required me to fess up about anything mental illness related.

Court proceedings are generally public information though some things can be restricted from public view. Minors cases, for example.

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Posted

Specific to Calif:

(f) (1) No person who has been (A) taken into custody as provided

in Section 5150 because that person is a danger to himself, herself,

or to others, (B) assessed within the meaning of Section 5151, and

© admitted to a designated facility within the meaning of Sections

5151 and 5152 because that person is a danger to himself, herself, or

others, shall own, possess, control, receive, or purchase, or

attempt to own, possess, control, receive, or purchase any firearm

for a period of five years after the person is released from the

facility. A person described in the preceding sentence, however, may

own, possess, control, receive, or purchase, or attempt to own,

possess, control, receive, or purchase any firearm if the superior

court has, pursuant to paragraph (5), found that the People of the

State of California have not met their burden pursuant to paragraph

(6).

(2) (A) For each person subject to this subdivision, the facility

shall immediately, on the date of admission, submit a report to the

Department of Justice, on a form prescribed by the Department of

Justice, containing information that includes, but is not limited to,

the identity of the person and the legal grounds upon which the

person was admitted to the facility.

Any report submitted pursuant to this paragraph shall be

confidential, except for purposes of the court proceedings described

in this subdivision and for determining the eligibility of the person

to own, possess, control, receive, or purchase a firearm.

I have had some very specific job requirements that required me to fess up about anything mental illness related.

Court proceedings are generally public information though some things can be restricted from public view. Minors cases, for example.

Thank you. It says it should be confidential except court proceeding and having firearms. Does that mean if I didn't go to court that no one can see it? I'm sorry, I have trouble with legalese

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Posted (edited)

-It is not a crime to be mentally ill

-It is not a crime to be involuntarily committed, though it is a legal action of the court

-If you voluntarily admit yourself that is no different than any other medical admission, and not open to public scrutiny

-If you were arrested and booked, but charges dropped due to being involuntarily committed, the fact of the arrest may be available through certain public or pay-for-access databases. Ask a lawyer or private investigator about public access or to have them check your public record.

-An involuntary commitment is an action of the court, is a matter of public record, and is recorded in police records. The details, however, are not public information.

Note: The term "5150" refers to California legal code and is not applicable in any other state. However, all states have some law or code providing for involuntary committment. Example, in Florida it is called "Baker Act".

If anyone has concerns, then pay a lawyer for an hour or two of consultation. That is what they do!

Edited by AirMarshall

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Posted

When I interned at the D.A.'s office (the. worst.), we researched defendants on whatever type of database they used to keep track of criminal records in 1993. Non conviction activity, e.g. arrests without charges (called a "contact"), any charges brought against someone, even if they were acquitted, and 5150s (plus there is a city version, I forget the statute number) were included there. Only Attorneys and police/investigators had access to the database. This was not the same as a rap sheet.

I have never heard of any of that kind of information becoming public. Legally, it doesn't exist. But I saw and used it. So somewhere in the bowels of the criminal justice system there may be a record that you were 5150'd, but it is only going to become relevant if you get arrested and use an insanity defense. Not likely.

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Posted

Thanks

I don't have any upcoming plans, I just wondered when he said that if there are certain things I wouldn't be able to do because of my history. So he was wrong and you could be a mft or other mental health professions after a hold?

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Posted

I worked in a HR office for years and did a lot of pre-employment background checks.

Generally, a Bkgrnd ck consists of a state database check. It consists of finding both misdemeanor and felony convictions (NOT arrests). This generally is tailored to the specific question asked to you on the employment application. The normal question that is asked in banking (the area I worked in) is: Have you ever been *convicted* of a misdemeanor or felony? Not charged, not arrested, not detained. Convicted.

I was once arrested and spent about three hours in jail because I had a bench warrant for failure to pay a moving violation. I've never once disclosed this fact in any of my applications, because although my fingerprints and arrest record are in the system, I was never convicted of a misdemeanor or felony. I paid my ticket and got out of jail.

I did the same thing with my involuntary commitment back in 08. I've never disclosed it, although I must admit I only had one three-month long job after that hospitalization before going on SSDI.

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Posted

As AM mentioned above, each state has some term for involuntary treatment. For anyone interested in my Mitten state, anyone who is placed on an Initial (90 day) or Continuing (one year) treatment order, this does register on the LEIN (Law Enforcement Information Network). This can be accessed during background checks, weapons permits, etc. And the information stays in the LEIN even after expiration of said order. People who defer/stipulate to treatment under an involuntary commitment are not (typically) placed on an order, and hence the commitment will not show up.

For the sake of clarification, this is not construed as a misdemeanor or any other type of crime. But it does have law enforcement implications.

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Posted

Thanks

I don't have any upcoming plans, I just wondered when he said that if there are certain things I wouldn't be able to do because of my history. So he was wrong and you could be a mft or other mental health professions after a hold?

It is really had to draw conclusions in cases of hearsay.

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Posted

It is really had to draw conclusions in cases of hearsay.

Thanks for the information you posted. If it ever becomes an issue I'll ask a lawyer like am suggested

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Posted (edited)

As a quick disclaimer, another reason it's worth consulting a lawyer if it becomes important is that the situation is likely very state-dependent. For example, in DC, involuntary commitments are available as a matter of public record if you walk into the court house and go to the right office. They don't show up on regular criminal background checks and it's very limited information, but they are accessible. That said, very few people know about it.

Sorry, don't mean to scare people--just to give you a head's up that there's some variation.

Edited by dancesintherain

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Posted

You can check that easily here. A friend of mine uses them all the time for HR background checks and he says it is very reliable,

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Posted

You can check that easily here. A friend of mine uses them all the time for HR background checks and he says it is very reliable,

Those all cost money. An excellent FREE background check I use is crimetime.com, which links to blackbookonline.com. You can do various background checks on anyone in any state using public databases.

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