Interim president Adly Mansour had declared a state of emergency on August 14 after deadly operations to disperse Islamist protest camps, granting security forces broad powers of arrest bypassing the justice system.
A court on Wednesday had ordered Mubarak conditionally released on his last remaining charge.
He is still facing trial on murder and corruption charges relating to his 30-year rule and the early 2011 uprising that toppled him, but authorities can no longer detain him in prison.
Mubarak, who had been convicted on the charges and sentenced to life last year before a court ordered a retrial, may be released as early as Thursday.
But prosecutors might, as they have done in the past, level new accusations against him to extend his detention in prison.