26-092 JUSTIS Update for Disposition "24 - LACK OF EVIDENCE"
Department Notice
This document is not an official representation of the published policy. To access the official signed policy, please submit a request through our Public Records Request Portal.
The purpose of this Notice is to advise users of a JUSTIS update to ensure compliance with California Penal Code 851.6.
Under California Penal Code 851.6, when a person is arrested and subsequently released without an accusatory pleading being filed, any reference to the action as an arrest must be removed from the arrest records of both the arresting agency and the California Department of Justice. Instead, it should be referred to as a detention.
To comply with these requirements, JUSTIS has been updated to reflect appropriate disposition language. For all JUSTIS queries, including local rap sheet (QRAP), at both the case and charge levels, any record with a disposition code of "24" with the accompanying disposition description of "LACK OF EVIDENCE" will now have an updated disposition description of "LACK OF EVIDENCE - DET ONLY".
The JUSTIS update reflects these statutory requirements by ensuring that applicable records are identified and described in accordance with California Penal Code 851.6.
For questions regarding criminal histories, please contact the Identification Bureau. For questions regarding the application of California Penal Code 851.6, please contact the Court Liaison Unit.
/s/
DERRICK J. LEW
Chief of Police