In California, 5150 and 5250 holds are critical legal mechanisms under the Lanterman-Petris-Short (LPS) Act, designed to address mental health crises by allowing temporary involuntary psychiatric hospitalization. A 5150 hold permits a 72-hour detention for individuals deemed a danger to themselves or others or gravely disabled due to a mental health condition. A 5250 hold extends this detention for up to 14 additional days for further treatment if the individual continues to meet these criteria. While these holds prioritize immediate safety and care, their long-term consequences—particularly regarding criminal records—can be complex and far-reaching.
At Lessem, Newstat & Tooson, LLP, we understand the nuances of these holds and their potential impact on your future. This article explores the lasting effects of repeated 5150 and 5250 holds, especially concerning criminal records, employment, and personal rights.
Do 5150 and 5250 Holds Appear on Criminal Records?
A common misconception is that 5150 and 5250 holds automatically create a criminal record. That is not correct. These holds are civil in nature, initiated by mental health professionals, law enforcement, or medical personnel, and are not criminal proceedings. Therefore, a standard 5150 or 5250 hold typically does not appear on a criminal background check, as it does not involve an arrest or conviction.
However, the circumstances surrounding a hold can complicate this. For example:
- Law Enforcement Involvement: If police are called to intervene in a mental health crisis, and the individual is detained under a 5150 hold, any related incident report may be documented. While the hold itself is not a criminal charge, these reports could be accessed in specific contexts, such as legal proceedings or background investigations.
- Criminal Charges: If the behavior leading to the hold involves criminal activity (e.g., assault, property damage, or resisting arrest), the individual may face charges separate from the hold. These charges would appear on a criminal record if they result in an arrest or conviction.
- Repeated Holds: Multiple 5150 or 5250 holds may raise red flags in certain background checks, particularly for sensitive positions or licensing, even if no criminal charges are filed. This is because records of involuntary hospitalizations may be maintained in medical or state mental health databases, which could be accessed under specific circumstances. Repeated holds may also trigger conservatorship proceedings.
At Lessem, Newstat & Tooson, LLP, we advise clients to understand the context of their holds and seek legal counsel to mitigate potential fallout, especially when criminal charges are involved.
Impact on Employment and Professional Licensing
Repeated 5150 and 5250 holds can have significant implications for employment and professional licensing, even if they do not directly appear on a criminal record. Employers and licensing boards often conduct thorough background checks that may uncover mental health-related incidents, particularly in fields like healthcare, law enforcement, education, or finance.
Here’s how these holds can affect your professional life:
- Background Checks: While standard criminal background checks typically exclude 5150/5250 holds, some employers—especially those requiring high-level security clearances—may access broader records, including police reports or mental health databases. Repeated holds could be interpreted as a pattern of instability, potentially affecting hiring decisions.
- Professional Licensing: Many licensing boards (e.g., for doctors, nurses, lawyers, or teachers) require disclosure of involuntary hospitalizations or mental health treatment. Repeated holds may trigger additional scrutiny, requiring you to provide documentation or undergo evaluations to prove fitness for licensure.
- Firearm Restrictions: Under California law, a 5150 hold imposes a five-year prohibition on owning or possessing firearms. A 5250 hold can extend this restriction and, in some cases, may result in a federal lifetime firearm ban under 18 U.S.C. § 922(g)(4) if the individual is deemed to have been “committed to a mental institution.” Repeated holds may lead to further evaluations or permanent bans, which could impact employment in security or law enforcement roles.
Our firm has extensive experience helping clients navigate these challenges, from sealing records to advocating for their rights during licensing proceedings.
Effects on Personal Rights and Future Legal Proceedings
Repeated 5150 and 5250 holds can also affect personal rights and future interactions with the legal system.
Key consequences include:
- Conservatorship Risk: Multiple holds may signal to mental health professionals or courts that an individual is unable to manage their affairs, increasing the likelihood of a petition for conservatorship. This legal arrangement can strip individuals of significant autonomy, including the right to make medical or financial decisions.
- Child Custody and Family Law: In family court, repeated holds may be used to question an individual’s fitness as a parent. Opposing counsel could argue that a history of involuntary hospitalizations indicates instability, potentially affecting custody or visitation rights.
- Immigration Consequences: For non-citizens, repeated mental health holds—especially if linked to violent behavior or criminal charges—may complicate immigration proceedings. U.S. Citizenship and Immigration Services (USCIS) may view such a history as evidence of inadmissibility on health-related grounds.
- Stigma and Privacy Concerns: Although 5150 and 5250 holds are confidential under California law, breaches of privacy or incidental disclosures (e.g., through court records or shared databases) can lead to social stigma, affecting personal and professional relationships.
At Lessem, Newstat & Tooson, LLP, we work diligently to protect our clients’ privacy and rights, offering strategies to minimize the long-term impact of these holds.
Strategies to Mitigate Long-Term Consequences
If you or a loved one has experienced repeated 5150 or 5250 holds, proactive steps can help mitigate their impact:
- Consult an Attorney: An experienced attorney can review the circumstances of your holds, identify any related criminal charges, and explore options like record sealing or expungement to reduce visibility in background checks.
- Document Mental Health Treatment: Demonstrating compliance with voluntary treatment or therapy can counteract perceptions of instability, particularly in licensing or custody disputes.
- Challenge Firearm Bans: If a 5150 or 5250 hold results in a firearm prohibition, you may be able to petition to restore your rights, provided you meet eligibility criteria.
- Address Conservatorship Risks: Legal representation can help you contest unwarranted conservatorship petitions, preserving your autonomy.
- Understand Your Rights: California’s strict confidentiality laws protect mental health records. An attorney can ensure these protections are upheld and address any violations.
Why Choose Lessem, Newstat & Tooson, LLP?
While 5150 and 5250 holds are designed to provide critical mental health intervention, their long-term consequences—particularly when repeated—can extend beyond the immediate crisis. Navigating the aftermath of these holds requires a deep understanding of both mental health and criminal law. At Lessem, Newstat & Tooson, LLP, our team of skilled attorneys has a proven track record of protecting clients’ rights in complex legal matters. We provide personalized guidance to address the unique challenges posed by involuntary holds, from safeguarding your professional reputation to defending against related criminal charges. Our firm is committed to helping you move forward with confidence.
Contact us today to discuss your situation and explore your options.