Certificate of Rehabilitation and Governor’s Pardon California Penal Code 4852
A) Certificate of Rehabilitation
If you were convicted of a felony in California or a misdemeanor sex offense, you may qualify for a Certificate of Rehabilitation. Such relief can be found in California Penal Code section 4852. Obtaining a Certificate of Rehabilitation can help an individual restore certain rights and will clean up your criminal record. It can also absolve one’s obligation to register as a sex offender under certain circumstances.
What is a certificate of rehabilitation?
A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony (or a certain misdemeanor sex offense) is now rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the court and constitutes an application for a pardon. The laws pertaining to the Certificate of Rehabilitation can be found in 4852.01 to 4852.21. Receipt by the Governor of a Certificate of Rehabilitation does not guarantee that a pardon will be granted.
Who qualifies for a California Certificate of Rehabilitation?
Generally, any person convicted of a felony (or certain misdemeanor sex crimes) who still resides in California may apply to the superior court in his or her county of residence for a Certificate of Rehabilitation, provided that he or she meets the requirements of demonstrated rehabilitation required by law. (Penal Code section 4852.06).
Special laws apply to those convicted of sex offenses. Persons convicted of misdemeanor sex offenses specified in Penal Code section 290 may apply if the conviction has been dismissed under Penal Code section 1203.4. Persons convicted of a felony offense under Penal Code section 286(c), 288, 288.5 or 289(j) are not eligible for a Certificate of Rehabilitation. A Certificate of Rehabilitation may relieve some offenders from having to register as a sex offender under Penal Code section 290.
B) Governor’s Pardon in California
A California Governor’s pardon is an honor traditionally granted only to individuals who have demonstrated exemplary behavior following a felony conviction or certain misdemeanor sex offenses. A pardon will not be granted unless it has been earned. Obtaining a pardon is a distinct achievement based upon proof of a useful, productive, and law-abiding life following conviction. The Governor has complete discretion in deciding whether to grant a pardon. A pardon is a privilege, not a right, and not granted to every person who applies.
Absent extraordinary and compelling circumstances, an application will not be considered unless the applicant has been discharged from probation or parole for at least ten years without further criminal activity during that period.
Who qualifies for a California Governor’s Pardon?
Applications may be accepted from any person who has been convicted in California of a felony or certain specified misdemeanor sex offenses. In most cases, the first step in applying is to obtain a Certificate of Rehabilitation from the superior court in the county where the applicant currently resides. All other cases are by way of a direct or “traditional pardon” application. The procedure utilized will depend on the circumstances of each case, as explained below.
Call us today to apply for a Certificate of Rehabilitation or a Governor’s Pardon
Since both a Certificate of Rehabilitation and Governor’s pardon are similar and unique, they will be addressed together in this section. The law firm of Wallin and Klarich has been successfully representing people for over 30 years and has obtained many certificates and pardons for our clients over that time.
If you or your loved one is looking for a second chance in life and wish to apply for a Certificate of Rehabilitation or a Governor’s Pardon in California, please contact your attorneys at Wallin & Klarich. With offices in Orange County, Los Angeles, Torrance, Sherman Oaks, Riverside, San Bernardino, San Diego, Victorville, Ventura and West Covina, your attorneys at Wallin & Klarich will be there when you call.