Governor’s Pardon and Post Conviction Relief in California Penal Code 4800-4813, 4853-4854 PC
Who is Eligible for a Governor’s Pardon
The Governor’s Pardon procedure is available to those who are not eligible for a Certificate of Rehabilitation. This procedure is used primarily by those who were convicted of felonies in California and now reside outside the state. The traditional pardon procedure is also available to individuals who are not eligible for a Certificate of Rehabilitation because they have been convicted of sex offenses under Penal Code sections 286(c) 288, 288.5 or 289(j), and those convicted of misdemeanor offenses. The traditional pardon procedure is covered by Penal Code sections 4800-4813.
Benefits of Receiving a Governor’s Pardon:
- Allow a felon to serve on a jury trial. (Code Civ. Proc.section 203 subd.(a)(5).)
- Allow restoration of firearm rights, upon federal approval, to specified offenders if granted a full and unconditional pardon, unless the conviction was for a felony involving the use of a dangerous weapon. (Penal Code section 4854)
- Allow a felon to be considered for appointment as a county probation officer or a state parole agent, but not to any other peace officer positions. (Government Code section 1029)
- Allow specified sex offenders still required to register after obtaining a Certificate of Rehabilitation to be relieved of duty to register if granted a full pardon. (Penal Code section 290.5)
A Governor’s Pardon Does NOT:
- Seal or erase the record of conviction (Penal Code section 4852.17)
- Prevent the pardoned offense from being considered as a prior conviction if the person is later convicted of a new offense.
- Allow the pardoned person to answer on employment applications that he/she has no record of conviction.
- Restore ability to own a firearm to felons convicted of any offense involving the use of a dangerous weapon. (Penal Code section 4854)
- Pardon convictions from another state or federal convictions.
- Necessarily prevent deportation.
You Need Attorneys Experienced in Post Conviction Relief
Whether seeking a Certificate of Rehabilitation or a Governor’s Pardon, it is important to consult with an experienced criminal defense attorney familiar with post conviction relief. Not all attorneys know and understand the procedure of post conviction cleaning up of a criminal record. At Wallin & Klarich, we have been successfully assisting people in obtaining Certificates of Rehabilitation and Governor’s Pardons for over 32 years. We know what it takes to convince a superior court judge or the California Governor that you have earned the right to seek this relief. We will include the following information in our petitions/pardons:
- pardon questionnaire
- character letters
- awards, personal achievements, resume, and charity work.
- updated psychological evaluation
- pictures of family
- obtaining your criminal history from the Department of Justice (LIVE SCAN)
- assist you in preparing your autobiography
In addition, we provide a workbook for all clients in order to make sure that all requirements are met and the best possible work product is filed with the court and governor’s office.
Contact Wallin & Klarich today
With offices in Orange County, Riverside, San Bernardino, San Diego, Los Angeles, Ventura, Victorville, and West Covina, our attorneys will be there when you call. Call us today at (877) 4-NO-JAIL or (877) 466-5245 or fill out our confidential form.