Does a 72 Hour Hold Go On Your Record? Only If This Happens (5150)

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Criminal Records | May 11, 2022

Does a 72 hour hold go on your record?

A 72-hour hold is a specific type of confinement that is used in cases of protection for self or others. But, whether or not the hold will go on a criminal record check depends on one specific instance.

Although sometimes ‘72 hour hold’ refers to the maximum amount of time the law enforcement can hold someone without either releasing them or making an official charge, most of the time a 72 hour hold refers to non-voluntary confinement. Whether this mandatory confinement will go on the record, depends on how the 72 hour occurred.

In general, this type of incarceration is considered part of a person’s health record, so the hold won’t go on a background check unless it’s part of a crime that occurred. However, every state is different and all have various stipulations and statutes related to mental health evaluations.

If the hold occurred because of an arrest (even arrests without convictions), the arrest itself becomes public record and can show up on a background check. If the arrest then results in a conviction, the conviction and all charges and reports related to it can also be located by criminal history searches and screenings.

Related Reading: How to Find Recent Arrests and How to Check If You Have a Felony for Free

The following guide outlines the legal aspects of a 72 hour hold for all 50 states, and how to find out when this sort of mental health hold does, and doesn’t go on the official record.

What is a 5150 (And Does a 72-Hour Hold Go On Your Record as Mental Health History)?

A 5150 is a legal action that results in an involuntary 3-day hold for a person who may be a mental health or physical risk to themselves or others. Although the 5150 can be initially frustrating or frightening for the person under the order, this involuntary hold can be successfully used to save someone’s life, whether through self-harm, suicide, or harming another person.1

Any criminal action established, such as an arrest or charges (even charged but not convicted) that are filed, in conjunction with the 5150 will be placed on the public record, and can therefore be found on a background check and a person’s mental health record.

A 5150 hold can also be used for specific circumstances, when the person in question is checked for mental health and fitness. There are typically three sets of criteria that can indicate a person has dangerous warning signs — they are a danger to others, they are a danger to themselves, or they are unable to take care of their essential needs.2

If a person is suspected of having poor mental health, suicidal tendencies, a history of self-harm, or erratic behavior, these are all warning signs that a 5150 can save their life. Some of the most common signs indicating it is time for a 5150 can include a psychotic break, violent acts, suicide threats, substance abuse, or catatonia.

If the individual does not show any improvement during the 5150 hold, a 5250 hold can be re-instated. This hold allows the facility to keep the person for an additional 14-day extension.4 Even though this 5150 or 5250 will appear on a person’s mental health check, it is helpful to know the answer to “what shows up on a background check?

An involuntary hold is part of a person’s medical health record, NOT their public criminal record. Therefore, it should not show up during a basic background check, such as those for:

However, the exception that involves the criminal record, also pertains (in most cases) to a federal background check on myself. Since many states DO release mental health information to the federal government, these holds can show up on a gun background check.

What is the Purpose of a 72 Hour Hold?

The purpose of a 72-hour hold for someone is to evaluate their psychiatric state, prevent them from harming themselves or others or help them out of a situation where they could not take care of themselves. This 72-hour hold can help a person with mental illness receive professional care in a hospital for the “observation period.”5

 

The main reason for this involuntary 72-hour hold is to assess whether the person in question meets the criteria for a need for hospitalization, but some experts consider its use is sometimes abused.

Can You Refuse a 72 Hour Hold?

A person cannot refuse an involuntary 72 hour hold. However, a mental health professional will determine if there is a “good cause” to keep the person in the facility during the hold.

After the person has been taken into the involuntary 72-hour hold, there will be a Certification Review Hearing at the hospital upon admission. This meeting is used to determine if there is a “good cause” to admit someone into the 72 hour hold at the hospital.

Involuntary hospitalization screenshot of a research document explaining the answer to can you refuse a 72 hour hold and what happens after a 72-hour hold.

The hearing officer will determine if the person is a danger to themselves, a danger to others, or gravely disabled due to psychiatric illness or mental disorder. If there is a “good” cause, the person could stay for another 14 days. If there is not enough cause to keep the person, they are immediately released.

In addition, the facility where depression may be detained must have a written application stating that there is enough probable cause that the individual is suffering from the mental disorder and can be of harm to themselves or others. If a person was brought into a mental health facility or hospital with no just cause, this person can take up civil action against the hospital.7

Does a 72 Hour Hold Go On Your Record In all 50 States? (Mental Health Records)

Individuals who have been sanctioned in the past for a 72-hour hold may be curious if this hold goes on their permanent record, or if the hold will show up on a free criminal background check, like a background check warrant.

However, every state is different regarding what justifies a 72-hour hold. The following table provides links to each state’s judicial process regarding this order.

State Legal Statute for 72 Hour Hold
Does a 72 Hour Hold Go On Your Record In Alabama72-Hour Hold Bill
Does a 72 Hour Hold Go On Your Record In AlaskaNotice of Rights Upon Emergency Detention
Does a 72 Hour Hold Go On Your Record In ArizonaSteps in the Mental Health Evaluation Process
Does a 72 Hour Hold Go On Your Record In ArkansasRules and Regulations for Hospitals and Related Institutions
Does a 72 Hour Hold Go On Your Record In CaliforniaCode Section 5150 California Legislative Information
Does a 72 Hour Hold Go On Your Record In ColoradoEmergency Mental Health Holds
Does a 72 Hour Hold Go On Your Record In ConnecticutInvoluntary Commitment Law
Does a 72 Hour Hold Go On Your Record In DelawareMental Health
Does a 72 Hour Hold Go On Your Record In FloridaChapter 394 Section 463 Florida Statutes
Does a 72 Hour Hold Go On Your Record In GeorgiaEmergency Admission Process Map
Does a 72 Hour Hold Go On Your Record In HawaiiHB2680 Hawaii State Legislature
Does a 72 Hour Hold Go On Your Record In IdahoInvoluntary Mental Health Holds in Idaho
Does a 72 Hour Hold Go On Your Record In IllinoisMental Health and Developmental Disabilities
Does a 72 Hour Hold Go On Your Record In IndianaRights of Adults Receiving Treatment in an Indiana Mental Institution
Does a 72 Hour Hold Go On Your Record In IowaLegislative Guide to Involuntary Hospitalization
Does a 72 Hour Hold Go On Your Record In Kansas2011-2012 Legislative Sessions Statute
Does a 72 Hour Hold Go On Your Record In KentuckyCriteria For Involuntary Hospitalization
Does a 72 Hour Hold Go On Your Record In LouisianaOBH 15 Discharge Procedures
Does a 72 Hour Hold Go On Your Record In MaineInvoluntary Admissions
Does a 72 Hour Hold Go On Your Record In MarylandRight of Persons in Maryland’s Psychiatric Facilities 
Does a 72 Hour Hold Go On Your Record In MassachusettsSection 35: The Process
Does a 72 Hour Hold Go On Your Record In MichiganYour Rights When Receiving Mental Health Services
Does a 72 Hour Hold Go On Your Record In MinnesotaTreatment and Admission Procedures
Does a 72 Hour Hold Go On Your Record In MississippiCivil Commitment
Does a 72 Hour Hold Go On Your Record In MissouriCivil Involuntary Detention
Does a 72 Hour Hold Go On Your Record In MontanaInvoluntary Commitment Standards
Does a 72 Hour Hold Go On Your Record In NebraskaMental Health Commitment Process
Does a 72 Hour Hold Go On Your Record In NevadaLegal 2000 – Nevada Division of Public and Behavioral Health
Does a 72 Hour Hold Go On Your Record In New HampshireInvoluntary Admissions
Does a 72 Hour Hold Go On Your Record In New JerseyInvoluntary Civil Commitments
Does a 72 Hour Hold Go On Your Record In New MexicoCivil Commitment and the Mental Health Care Continuum
Does a 72 Hour Hold Go On Your Record In New YorkRights of Patients 
Does a 72 Hour Hold Go On Your Record In North CarolinaInvoluntary Commitments
Does a 72 Hour Hold Go On Your Record In North DakotaMental Health Commitment Process
Does a 72 Hour Hold Go On Your Record In OhioInvoluntary Treatment for Mental Illness
Does a 72 Hour Hold Go On Your Record In OklahomaOklahoma Statutes Title 43A Mental Health
Does a 72 Hour Hold Go On Your Record In OregonPersons with Mental Illness
Does a 72 Hour Hold Go On Your Record In PennsylvaniaVoluntary and Involuntary Commitment
Does a 72 Hour Hold Go On Your Record In Rhode IslandRhode Island Code of Ethics
Does a 72 Hour Hold Go On Your Record In South CarolinaCode of Laws – South Carolina legislature 
Does a 72 Hour Hold Go On Your Record In South DakotaInvoluntary Commitments – SD Law
Does a 72 Hour Hold Go On Your Record In TennesseeForms for Involuntary Commitment
Does a 72 Hour Hold Go On Your Record In TexasHealth and Safety Code
Does a 72 Hour Hold Go On Your Record In UtahForms for Involuntary Commitment
Does a 72 Hour Hold Go On Your Record In VermontTitle 18: Health
Does a 72 Hour Hold Go On Your Record In VirginiaArticle 5 – Involuntary Admissions
Does a 72 Hour Hold Go On Your Record In WashingtonCivil Commitment to Inpatient Services
Does a 72 Hour Hold Go On Your Record In West VirginiaWV Code 27-5-4 West Virginia Legislature
Does a 72 Hour Hold Go On Your Record In Wisconsin51.15 Wisconsin Legislature
Does a 72 Hour Hold Go On Your Record In WyomingMental Health Crisis Support (Title 25) 

Can You Visit Someone on a 72-Hour Hold?

Individuals who have been brought into a psychiatric facility or hospital for a 72-hour hold should know their rights.

OLR report screenshot explaining involuntary committment law and does a 72-hour hold go on your record.

During the initial 3-day hold period, there are no visitors. During this time, the patient will receive treatment to help stabilize them and become accustomed to the effect. After they have been admitted and have become accustomed to their new surroundings, the professionals at the facility may start to administer medication or therapy to understand the root cause of the issue.8

Does a 72-Hour Hold Include Weekends?

A 72 hour hold applies to the time frame in which the provider must file for the involuntary commitment. Therefore, since the provider will only work during “normal” office hours between approximately 9 am to 5 pm, Monday to Friday, a 72-hour hold does not include weekends and holidays. In this case, the patient will usually be discharged before the actual hearing date.9

Involuntary committment law screenshot with yellow arrow pointing to the fact that weekends and holidays are exempt from the 72 hour hold time frame and whether can you visit someone on a 72-hour hold

There are some instances in which the additional days can be helpful to certain patients who may require an additional 24 or 48 hours to stay at a facility. However, that does mean that it’s not a literal 72 hours.

What Happens After a 72 Hour Hold? (Consequences of 5150)

The first question is whether mental health records are typically integrated into a basic background check. In short, no. Mental health records are mostly considered health records, and as such, are subject to privacy laws related to health.

The doctor at the hospital or psychiatric facility is legally required to keep doctor-patient confidentiality. However, in certain circumstances, a mental health record could be accessed during employment screening.

Although the Equal Employment Opportunity Commission and Health insurance Portability and Accountability Act may deter employers from using mental health records, it is not illegal.10

In addition, specific positions and agencies will require a mental health check. These professions include government jobs, occupations with high levels of security clearance, and safety positions. Nursing background checks also often include mental health assessments. Even so, seeking mental health services does not disqualify a person from being able to gain security clearance.11

Being admitted for a 72 hour hold can be the difference between life and death. Knowing the answer to “does a 72 hour hold go on your record” can help an individual make the right decision when it comes to helping themselves or others stay safe from self-harm or harming others.

Frequently Asked Questions about Does a 72 Hour Hold Go On Your Record?

How Long Does 5150 Stay On Your Record?

A 5150 order is not considered an arrest. Instead, this hold is considered an assessment of crisis intervention instead of an arrest for wrongdoing. Therefore, this intervention is simply used to help someone in mental distress due to a diagnosed mental disorder.

Hence, the 5150 does not stay on a person’s criminal record as it is NOT considered an arrest. The 5150 order is protected by an individual’s right to privacy and does not appear on a criminal record background check.

How Do You Get Out Of A 72 Hour Hold?

During the 72 hour hold, a person will be evaluated by a mental health professional to determine if they fit the eligibility criteria to be assessed and valued by the facility. If not, they can be released from the facility at the end of the 72 hours.

Is A 5150 In Your Background Check?

A 5150 is not on a person’s background check, as it does not count as an arrest on a person’s criminal background check. However, a 5150 order will be on a person’s mental health records to help with any involuntary stays, voluntary stays, or hospitalizations in the future.

Does Going To A Mental Hospital Stay On Your Record?

Going to a mental hospital will stay on a person’s mental health record, but it will not appear on a criminal record. This is only kept on the mental health record to help the person in the future if any potential mental health crises arise.

Read More: Does going to a mental hospital stay on your record?

How Long Does A 5150 Stay On Your Record?

A 5150 will stay on a person’s mental health record forever, but will not appear on a criminal record.

Does Involuntary Commitment Show Up On Background Check?

Involuntary commitment will not appear on a background check but can show on mental health records. However, mental health records are confidential to employers and can only be viewed by those in the healthcare profession. 12

How Do I Know If I Have A 5150 On My Record?

An individual can check if they have a 5150 on their record by contacting their healthcare provider or health plan to see previous treatment plans and admissions. HIPAA prohibits anyone from accessing medical records besides the individual in question or their personal representative. 13

Furthermore, individuals can contact the psychiatric facility or hospital where they were treated to obtain confidential medical record information. 14

Does Going To A Mental Hospital Cost Money?

A mental health hospital costs money for admission and treatment. Hospitalization costs are extremely high, even for those who need immediate medical treatment for chronic mental illness.

The average cost for schizophrenia treatment for one week is approximately $5,707, bipolar disorder treatment $4,356 for five days, and depression treatment $3,616 for four days. 15

Does Going To Rehab Go On Your Record?

A stay in rehabilitation can be part of the mental health record, but whether or not it shows up on a background check depends on the type of check.

Does Going To A Psych Ward Go On Your Record?

A psych ward stay will also be part of the mental health record, but not a criminal one.

Does Going To Therapy Go On Your Record?

Therapy does not show up on an official background check criminal records unless the therapy is part of a court order related to a criminal offense.

Does A Wellness Check Go On Your Record?

Wellness checks, like other mental health evaluations, will be present on the record when connected to a criminal offense.

Does A Section 12 Stay On Your Record?

A section 12 (a transportation order to go to the hospital) will not generally appear on the public record, just on the medical record.

What Happens When You're In A Mental Hospital?

The first thing that happens during a stay at a mental hospital is a clinical evaluation. From there, doctors will prescribe a treatment plan based on the findings.

Does Going To A Mental Hospital Stay On Your Record Uk?

The UK keeps track of all mental health records for 20 years, and a stay in a mental hospital is part of the mental health record.

What Does It Mean To Be Committed To A Mental Institution?

Committed to a mental institution means that a person has involuntarily been ordered to remain at an inpatient or outpatient facility, by an authority, such as the court or another person with medical rights over the individual.

Does Going To A Mental Hospital Stay On Your Record Reddit?

Reddit users provide a wealth of information, some of which is unverified. To check whether going to a mental hospital will stay on the record, check with local state laws concerning the visit.

Does Going To A Mental Hospital Cost Money?

Yes, mental hospitals cost money. Sometimes the cost is paid by the individual, and sometimes the cost is paid by the taxpayers.

Does The Military Check Your Mental Health Records?

Yes. The military will check mental health records for a number of reasons.

Does Seeing A Psychiatrist Go On Your Record?

Visits to a psychiatrist will be included on a personal mental health record and can go on the record if the visits are ordered by a court.


References

1What is a 5150 Hold? The Treatment Specialist. Retrieved from <https://thetreatmentspecialist.com/5150-hold/>

2What is an involuntary hold or 5150? OC Health Info. Retrieved from <https://www.ochealthinfo.com/sites/hca/files/import/data/files/39874.pdf>

3What YOu Need to Know About 5150 and 5585 Codes. Life skills Awareness. Retrieved from <https://www.lifeskillsawareness.org/blog/what-you-need-to-know-about-5150-and-5585-codes>

4Crisis and 5150 Process. Family Education and Resource Center. Retrieved from <https://ferc.org/crisis/#119>

5Patient and Family Resources. Resnick Neuropsychiatric Hospital. Retrieved from <https://www.uclahealth.org/Resnick/patient-and-family-resources#:~:text=5150%20or%2072%20hour%20 hold,as%20an%20%E2%80%9Cobservation%20period%E2%80%9D>

6Involuntary Holds. Family Education and Resource Center. Retrieved from <https://ferc.org/uploads/docs/resources/5150_5250.pdf>

7Rights for Individuals in Health Health Facilities. California Department of Health Care Services. Retrieved from <https://www.dhcs.ca.gov/services/Documents/DHCS_Handbook_English.pdf>

8Marchman Act. What Happens During a 72-Hour Psych Hold? Retrieved from <https://marchmanactflorida.com/marchman-act/what-happens-during-a-72-hour-psych-hold/>

9Danger to Self or Others is NOT the Standard: The Misuse of 72-Hour Holds by Psychiatric Facilities. (2020). Disability Rights Arkansas. Retrieved from <https://disabilityrightsar.org/danger-to-self-or-others-is-not-the-standard-the-misuse-of-72-hour-holds-by-psychiatric-facilities/#:~:text=The%2072%20hours%20actual%20 applies,discharge%20before%20their%20hearing%20date>

10Will My Mental Health Record show Up in My Background Check? Active Screening. Retrieved from <https://www.activescreening.com/blog/will-my-mental-health-record-show-up-in-my-background-check/>

11Question: Is Voluntary Mental Health Hold On Your Record? BikeHike. Retrieved from <https://bikehike.org/is-an-voluntary-mental-health-hold-on-your-record/#Do_mental_hospital_stays_show_up_on_background_checks>

12Does involuntary commitment stay on your record? Movie Cultists. Retrieved from <https://moviecultists.com/does-involuntary-commitment-stay-your-record>

13Your Medical Records. HHS.gov. Retrieved from <https://www.hhs.gov/hipaa/for-individuals/medical-records/index.html>

14How to Get Copies of Your Medical Records. Asthma and Allergy Foundation of America. Retrieved from <https://www.aafa.org/accessing-your-medical-records/>

15Stensland, M., Watson, P., & Grazier K. (2012). An examination of costs, charges, and payments for inpatient psychiatric treatment in community hospitals. Psychiatr Serv. 63(7), 666-71