If you are placed on a 5150 in California, your mental health hold will not show up on a background check. A mental health hold is not considered a criminal conviction. As such, it will not appear on a criminal background check.
Simmrin Law Group can provide you with full details about 5150 holds and how they relate to criminal background checks. Reach out to a criminal defense attorney from our team today. We can answer common questions about 5150s and related topics.
What Is a 5150?
A 5150 is an involuntary mental health hold that lasts 72 hours. In this hold, you remain at a mental health treatment facility. You must comply with the treating facility staff’s guidance and recommendations.
There are three instances in which you can be put on a 5150:
- You are a threat to yourself, to the point where you may harm yourself or commit suicide.
- You are a threat to others and plan to harm them or have attempted to do so.
- You are gravely disabled and unable to provide yourself with sufficient food, clothing, or shelter.
A law enforcement officer or healthcare professional determines if a 5150 is warranted. If so, you are immediately placed under the care and supervision of a mental health treatment facility. You will remain at this facility for a minimum of 72 hours — and potentially longer.
What Will Happen After I Complete a 5150?
The outcome of a 5150 depends on you. If you respond well to mental health treatments and comply with the treating facility’s requirements, you may be released after your hold. Or, if you are uncooperative and show you are unwilling to do what is asked, you may require additional mental health treatments.
Following a 5150, treating facility staff can present evidence to a Mental Health Hearing Referee during a Certification Review Hearing. The evidence can be used to compel the referee to require a 5250 hold, which lasts up to 14 days. It may also lead the referee to refer your case to the Office of the Public Guardian to decide if a conservatorship is warranted.
If you face a Certification Review Hearing after your 5150, consult with an attorney. You can hire an attorney that has 5150 holds experience. This lawyer will advocate for you and make sure your legal rights are protected during your Certification Review Hearing.
What Is a Background Check?
A background check refers to an evaluation of an individual. During a background check, any state and federal public records relating to an individual are accessed. If a person received a criminal conviction that was not expunged from their record, this information will be included in a background check report.
People can perform a background check using a person’s name, phone number, or other information about the individual. It is common for employers to conduct a background check prior to hiring someone. With a background check, an employer can determine if a person meets the legal requirements for a particular job.
Websites are available that allow people to run background checks. There can be instances when individuals reach out to public agencies for background check information. In some cases, a background check can be completed in minutes.
What Information Is Accessible Through a Background Check?
Along with details about a criminal conviction, a background check report may include a wide range of information about a person, such as:
- Full name
- Age
- Birthday
- Details about a person’s education
- Weapon permits
- Professional licenses
- Social media profiles
- Financial assets
There are background check laws in California. An attorney can explain the ins and outs of these laws. The lawyer can also tell you about the relationship between background checks and mental health holds.
Will a 5250 Show Up on a Background Check?
Like a 5150, a 5250 is not classified as a criminal conviction. This mental health hold may require you to stay at a mental health treatment facility for up to 14 days. Regardless of how long the hold lasts, it will not show up on your background check.
In a conservatorship, an individual must undergo a background check before they are appointed to serve as a conservator. For instance, an individual may be referred to the Office of the Public Guardian following a mental health hold, which ultimately recommends a conservatorship. Prior to the appointment of a conservator, a background check will be performed to determine if a person is a suitable choice to hold this role.
If you are convicted of a crime before or after a mental health hold, this will show up on your background check. There will be no details about the fact that you once were put on a mental health hold. Conversely, your background check will include details about your criminal conviction, when it took place, and other relevant information.
What Can I Do to Avoid Having a 5150 Show Up on a Background Check?
You do not need to take any actions to avoid having a 5150 show up on a background check. If you are placed on a 5150, complete the hold and receive any mental health treatments you need. After your hold, you do not have to worry about it showing up on your background check.
If you commit a criminal act that leads to a conviction, this will show up on your background check. You may be able to have this conviction expunged from your criminal record. To do so, it pays to meet with a criminal defense attorney.
A criminal defense lawyer can explain the criteria for getting a conviction expunged from your record. If you fulfill these criteria, your attorney can submit a request for expungement on your behalf. Those who have their request for expungement approved can rest assured that their conviction has been taken off of their record and will not appear on a background check.
Where Can I Go for Legal Help with My 5150 Hold?
Simmrin Law Group can help you navigate the legal aspects of a 5150. To learn more, please get in touch with us today.