If you are placed on a 5250 hold in California, you do not have to worry about expungement. A 5250 is an involuntary mental health hold and not a crime. As such, your 5250 is not subject to expungement.
Simmrin Law Group can give you plenty of information about the 5250s. Get in touch with a lawyer from our team. Once you do, we can answer any questions you have about 5250 holds and related topics.
What Is a 5250 Mental Health Hold?
A 5250 mental health hold follows a 5150. It requires a person to stay up to 14 days at a mental health treatment facility. During their stay, this individual is under the care and supervision of the treating facility’s staff.
There are three reasons why a 5250 or other mental health holds are put into place:
- A person is a risk to harm themselves.
- A person is a risk to harm others.
- A person is gravely disabled and shows they are unable to provide themselves with adequate food, clothing, or shelter.
A law enforcement officer or healthcare professional can implement a mental health hold. Once the hold is in place, a patient loses the right to manage their mental well-being. The patient must comply with the treating facility staff’s guidance or risks further mental health treatments at their hold’s conclusion.
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What Is Expungement?
When a criminal record is “expunged,” it is removed from a person’s records altogether. For example, an individual can be found guilty of a crime. If a conviction is expunged, it will no longer show up on their criminal record.
There are rules in place for filing for an expungement in California. To get a criminal record expunged in California, an individual must not spend any time in jail. Also, an individual must comply with all of the terms of their probation.
It can be difficult to get a criminal conviction expunged, but it is not impossible to do so. If you hire an experienced criminal defense attorney, you can explore expungement following a criminal conviction. Your lawyer can offer insights into expungement and other legal options at your disposal.
Do I Need to Hire a Lawyer if I Am Placed on a 5250 Hold?
It can be beneficial to hire an attorney if you are placed on a 5150 hold, which precedes a Certification Review Hearing to determine if a 5250 is warranted. A 5150 lasts 72 hours and requires you to receive support at a mental health treatment facility. Following your 5150, you can attend a Certification Review Hearing in which a Mental Health Hearing Referee decides if you should be placed on a 5250.
An attorney can advocate for you during your 5250 hearing. To do so, the lawyer first learns about you and why you were placed on a 5150. From here, the attorney figures out the best way to ensure your legal rights are protected during your hearing.
Along with helping during your 5250 hearing, your attorney can help you with a Certification Review Hearing that determines if any additional mental health treatments are required. After your 5250, a treating facility may advocate for you to remain at the facility or recommend the Office of the Public Guardian pursues a conservatorship. In either scenario, your attorney will provide legal help to make sure you can achieve optimal results during a Certification Review Hearing.
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What Is a Certification Review Hearing?
A Certification Review Hearing is used to determine if you will be placed on a 5250 or be required to receive other mental health support. Treating facility staff will attend the hearing and present evidence to a Mental Health Hearing Referee to argue why you need further treatment. Meanwhile, you can attend the hearing with your attorney and a patient’s rights advocate.
In a Certification Review Hearing, a Mental Health Hearing Referee reviews all of the information provided by everyone involved. The treating facility staff will present its evidence, and a patients’ rights advocate will represent your best interests. On top of that, your lawyer can serve as your advocate and make sure you receive the legal help you deserve.
A Mental Health Hearing Referee has the final say on whether you will need a 5250. Keep in mind that even if a Mental Health Hearing Referee recommends a 5250, you will not necessarily be required to stay 14 days at a mental health treatment facility. If you show you are capable of caring for yourself and not a threat to yourself or others, you may be released before the 14-day period ends.
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What Should I Do to Make It Through a 5250 without Any Further Consequences?
When you are in a mental health treatment facility on a 5250 hold, make the most of your time. Listen to what the treating facility’s staff have to say and follow its instructions. You can also spend time focusing on what is most important: taking care of yourself.
Remember, a 5250 can be a positive experience for those who learn and grow during their time at a mental health treatment facility. If you behave well and show you are willing to work with the treating facility’s staff, you may start to feel better about yourself. Meanwhile, you can avoid arguments with treating facility staff and other patients, eat, sleep, and clean up after yourself, and do your part to thrive.
As your mental well-being improves, you may have a new outlook on life that serves you well long into the future. This can lead to positive experiences in the time after your 5250. It may help you avoid criminal activities and ensure you can make a difference in the lives of your family members and friends as well.
How Can I Get in Touch with an Attorney to Help Me Deal with My 5250?
Simmrin Law Group is a California law firm with extensive experience with 5250 mental health holds. To learn more or request a free case evaluation, please contact us today.