Applying for Certificate of Rehabilitation – California Penal Code 4852.01 PC
Do I Qualify for a Certificate of Rehabilitation in California?
Pursuant to California Penal Code 4852.01, you are eligible to apply for a Certificate of Rehabilitation if you:
A) Were convicted of a felony and sentenced to California State Prison; and
- were discharged or released on parole prior to May, 13, 1943; and
- have not been incarcerated in a state penal institution since release; and
- have resided for three years in California immediately prior to filing the petition.
OR
B) Were convicted of a felony or misdemeanor sex offense specified in Penal Code 290 that was dismissed under Penal Code 1203.4; and
- have been discharged from custody, parole or probation; and
- have not been incarcerated in any penal institution, jail or agency since release; and
- are not on probation for the commission of any other felony; and
- have resided for five years in California immediately prior to filing the petition.
OR
C) Were convicted of a felony after May 13, 1943; and
- were sentenced to state prison; and
- were discharged from custody or released on parole; and
- have resided for five years in California immediately prior to filing the petition.
However, you are NOT eligible to apply for a Certificate of Rehabilitation if:
- you do not meet the above requirements; or
- you were convicted of misdemeanors, except those convicted of certain misdemeanor sex offenses; or
- those convicted of sex offenses under Penal Code section 286(c), 288, 288.5 or 289(j); or
- you are serving a mandatory life parole; or
- you are committed to prison under a death sentence; or
- you are in the military.
What can a Certificate of Rehabilitation do?
- Relieve some sex offenders, as specified, of further duty to register. (Penal Code Section 290)
- Enhance a felon’s potential for licensing consideration by a State board. (Penal Code section 4853)
- Serve as an official document to demonstrate a felon’s rehabilitation, which could enhance employment possibilities.
- Serve as an automatic application for a gubernatorial pardon.
A Certificate of Rehabilitation does NOT:
- Erase your felony conviction or seal your criminal record. (Penal Code section 4852.17)
- Prevent your offense from being considered as a prior conviction if you are later convicted of a new offense.
- Allow a felon to answer on employment applications that he/she has no record of conviction.
- Give a felon the right to vote- this right is automatically restored after termination from probation or discharged from parole.
When to Apply for a California Certificate of Rehabilitation:
Persons eligible for a Certificate of Rehabilitation may file a petition with the superior court in their county of residence once they have completed the period of rehabilitation. The period of rehabilitation begins to run upon discharge from incarceration or upon release on probation or parole. The period of rehabilitation requires five years residence in California, in addition to:
- Four years if you were convicted of Penal Code sections 187, 209, 219,4500, or 12310, or Military Veterans Code section 1672(a), or any other offense that carries a life sentence; or
- Five years if you were convicted of any offense for which sex offender registration is required under Penal Code section 290, except for convictions for violations of subdivision (b), (c), or (d) of section 311.2 or section 311.3, 311.10, or 314 (these convictions require a additional two years) ; or
- Two years if you were convicted of any offense not listed above that does not carry a life sentence; or
- Any additional years ordered by the court if you served consecutive sentences.
Procedure for Applying for a Certificate of Rehabilitation:
The petition for Certificate of Rehabilitation must be filed in the superior court of your current county of residence in accordance to (Penal Code section 4852.06). The petition for Certificate of Rehabilitation can usually be obtained from the court clerk, probation department or from an experienced attorney familiar with such petitions. You must notify the district attorney in your county of residence, as well as the district attorney of each county in which you were convicted of a felony. The notice must identify all crimes for which you are requesting a Certificate of Rehabilitation. The forms for sending these notices can also be obtained by the clerk of the court, the probation department or from an experienced attorney familiar with these petitions.
California Certificate of Rehabilitation Hearing
Once the petition is filed, the court will schedule a hearing. Before the hearing, the court may require an investigation by the district attorney. At the hearing, the court may require testimony and records pertaining to you, such as information about the conviction offense, as well as your conduct while incarcerated and since release.
You Must Show Rehabilitation
If the court finds that you have demonstrated rehabilitation, the court may declare that you are rehabilitated. A certified copy of the Certificate of Rehabilitation issued by the court is transmitted to the Governor and becomes the application for a pardon.
Upon receipt of the application, the Governor may request that the Board of Prison Terms conduct its own investigation and prepare a report. If you have been convicted of more than one felony in separate proceedings, the California Supreme Court must approve granting a pardon before the Governor may do so.
Certificate of Rehabilitation and Governor’s Pardon Allow for Restoration of Some of Your Rights
The most frequent reasons for requesting a Certificate of Rehabilitation and/or seeking a Governor’s Pardon are for personal satisfaction and for licensing, bonding, or other employment purpose. In California, the granting of a Certificate of Rehabilitation or a Governor’s pardon restores to the applicant some rights of citizenship that were forfeited as a result of a felony conviction.
Contact Wallin & Klarich Today
If you or a loved one wishes to apply for a Certificate of Rehabilitation or Governor’s Pardon in California, call Wallin & Klarich today at (877) 466-5245. We have over 40 years of experience representing clients facing felony convictions in California, and we have obtained many certificates and pardons for our clients over that time. With offices in Orange County, Los Angeles, Ventura, San Diego, Riverside, San Bernardino, Victorville, Ventura and West Covina, we will be there when you call.
