How Can I Make an Application for a Certificate of Rehabilitation and a Pardon?
Penal Code 4852.1 reflects the public desire to recognize individuals who are truly rehabilitated and to create an avenue of approach with the possibility of being pardoned. Acquiring a Certificate of Rehabilitation contributes to substantial relief from a conviction which normally interferes with an individual's future. Acquiring a Certificate of Rehabilitation Order from a Court, certifying full rehabilitation following a criminal conviction from a judge, declares that the petitioner (person making an application for a Certificate of Rehabilitation) is now a law-abiding citizen. This certificate does not erase a person's criminal history but does convey substantial benefits. This Court order also serves as an automatic application for a Governor's Pardon
What Benefits Can Our Criminal Defense Lawyers Generate From Acquiring a Certificate of Rehabilitation for a Client?
- Prevents state agency from automatically denying a license;
- If a Governor's Pardon is also received, a Certificate of Rehabilitation prevents prior felony convictions from being used to impeach a person's credibility as a witness;
- Relieves certain sex offenders of their duty to register as a sex offender pursuant to PC § 290.5 (exclusions are included in section). The specific exclusions from this benefit are set forth in detail in PC 4852.01 and clarifying appellate legal cases. Our criminal defense attorneys can provide substantial help in determining whether this statute can terminate your PC 290.5 registration requirements.
- Acts as an automatic application for a Governor's pardon;
- If a Governor's pardon is granted as a result of an application generated by a certificate of rehabilitation, this process may allow the resumption of the right to vote and own, possess or keep a firearm.
The Best Criminal Defense Lawyers will Establish that an Application for a Certificate of Rehabilitation Includes all of the Following Requirements:
- There was a conviction of a felony and a state prison sentence;
- There has been a release from California probation, parole or custody, and the applicant has been free of incarceration since being released.
- Proof of California residency for five years prior to filing the petition; and
- Proof of a satisfactory period of rehabilitation which begins the day after release from custody.
The rehabilitation time requirement ranges from 2-5 years depending on the criminal conviction. In all cases, proof must be presented evidence that during that time an honest, sober and upright life with industry was conducted. Additionally required for a proper showing is good moral character and conformance to and obedience to the laws of the land per Penal Code 4852.05.
Additional Qualifications can be Established by Criminal Defense Lawyers if:
- There was a conviction of a felony or a misdemeanor offense listed in Penal Code 290 for which probation was received and successfully competed and the conviction was expunged or can be expunged pursuant to California's expungement law, Penal Code 1203.4;
- Released from custody on probation and never resentenced to prison/ jail;
- As mentioned above, the applicant is not currently on probation;
- Able to present proof of the five-year California residency requirement; and
- Able to present proof of this satisfactory rehabilitation period.
This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Penal Code 269, subdivision (c) of Penal Code 286, subdivision (c) of Penal Code 287, Penal Code 288, Penal Code 288.5, Penal Code 288.7, subdivision (j) of Penal Code 289, or subdivision (c) of former Penal Code 288a, or persons in military service.
Remember, Ronald Dinan and Associates, is a firm of experienced and aggressive criminal lawyers, who can help in achieving the best outcome in your case. Improvement of a criminal record can lead to a lifetime of benefits in a variety of circumstances.
To get immediate help with your criminal matter, we invite you to call us to discuss your case. We answer all telephone calls in a polite, professional and helpful manner.
- Santa Rosa - 707-571-5550
- Napa - 707-252-0102
- Marin - 415-491-0223
- Lakeport - 707-262-0503
- Ukiah - 707-462-5950
- Eureka - 707-445-1348
The Actual Law Itself: Penal Code 4852.01
(a) A person convicted of a felony who is committed to a state prison or other institution or agency, including commitment to a county jail pursuant to subdivision (h) of Penal Code 1170, may file a petition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter.
(b) A person convicted of a felony or a person who is convicted of a misdemeanor violation of any sex offense specified in Penal Code 290, the accusatory pleading of which has been dismissed pursuant to Penal Code 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years' residence in this state prior to the filing of the petition.
(c) This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Penal Code 269, subdivision (c) of Penal Code 286, subdivision (c) of Penal Code 287, Penal Code 288, Penal Code 288.5, Penal Code 288.7, subdivision (j) of Penal Code 289, or subdivision (c) of former Penal Code 288a, or persons in military service.
(d) Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Penal Code 269, subdivision (c) of Penal Code 286, subdivision (c) of Penal Code 287, Penal Code 288, Penal Code 288.5, Penal Code 288.7, subdivision (j) of Penal Code 289, or subdivision (c) of former Penal Code 288a, if there are extraordinary circumstances.