The Pros and Cons of a Certificate of Rehabilitation
Having a criminal conviction on your record can cause hardships in the workplace and in your home life. Even if you are a law-abiding citizen after your release from custody, you may still face difficulties finding a job or even a place to live.
If you have been convicted of a felony or misdemeanor sex offense and have successfully completed your probation, you may be able to reduce the impact of your criminal conviction by obtaining a Certificate of Rehabilitation.
Our attorneys want to take a second to explain to you the benefits of a Certificate of Rehabilitation and how it can help you…
What is a Certificate of Rehabilitation?
Under California Penal Code Section 4582, a Certificate of Rehabilitation is a court document that declares that you have been rehabilitated and are now a law-abiding citizen. It does not clear your criminal record, though it states that moving forward as a member of society, your crimes are in the past.
The Benefits of a Certificate of Rehabilitation
A Certificate of Rehabilitation helps in preventing certain discriminatory practices against you for having a criminal conviction on your record. Benefits include:
- It prevents you from being automatically denied a license from state licensing officials under California Penal Code Section 4853;
- It relieves certain sex offenders of their duty to register as a sex offender under California Penal Code Section 290; and
- It automatically applies you for a Governor’s Pardon.
A Certificate of Rehabilitation also serves as an official document that shows you have been rehabilitated from your past actions. This could lead to numerous benefits for you, including enhancing your ability to find a job.
What a Certificate of Rehabilitation Does Not Do
Unfortunately, a Certificate of Rehabilitation only has certain benefits. A Certificate of Rehabilitation does not do the following:
- Clear a criminal conviction from your record;
- Prevent your offense from being considered a prior conviction if you are charged with a new offense; or
- Allow you to answer “no” if an employment application asks if you have ever been convicted of a felony.
Are You Eligible for a Certificate of Rehabilitation?
You are eligible to petition for a Certificate of Rehabilitation if you were convicted of a felony or misdemeanor sex crime and sentenced to state prison or received probation and:
- Have been released from custody, probation or parole for your crime;
- Have not been incarcerated for any new crimes since your release; and
- Have been living in the state of California for five years prior to filing the petition.
For more information regarding eligibility for a Certificate of Rehabilitation, click here.
Call the Criminal Defense Attorneys at Wallin & Klarich Today
If you or a loved one has a criminal conviction on your record and would like to petition for a Certificate of Rehabilitation, it is critical that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience helping our clients successfully obtain a Certificate of Rehabilitation. Our attorneys can fight to get you the best possible outcome in your case.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you no matter where you work or live.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.
Email Us