The ‘Men In Black 3’ star was partying with friends in Santa Monica on New Year’s Day but the celebrations ended when he was booked by cops just before midnight and released at 7.14 the following morning.
A source told gossip website TMZ he was not given a citation for the arrest which means he won’t face any charges.
Friends insisted he merely “ended up having too much fun”.
Josh - who has been married to actress Diane Lane since 2004 - previously revealed he was worried he might "ruin" the whole 'Men In Black' series by appearing in the third movie.
He played Young Agent K in the film alongside Will Smith and Tommy Lee Jones - who reprised their roles in the sci-fi movie as Agent J and Agent K respectively - but he was concerned about how his co-stars might react to him joining the film franchise.
He said: "I thought, 'Oh, yeah, this could be a career-killer. I could ruin an entire series, because I'm severing this great iconic duo, this great chemistry that people really enjoy'.
"If someone came to my franchise and said, 'Listen, you're still going to bookend it, but we're going to bring in this younger guy instead', I can't imagine I wouldn't be like, 'Huh? What are you talking about?' I don't know if he felt like that. And if he did he'd never tell me."
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