10 Reasons You May Not Be Eligible for a Certificate of Rehabilitation

A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony or specific misdemeanors has shown good moral character and has been rehabilitated since the time he or she committed a crime. It is beneficial to receive a Certificate of Rehabilitation because:

• It may be easier for you to find a job
• You will be able to obtain professional or business licenses
• Your obligation to register as sex offender could be stopped; and
• It is an automatic application for a Governor’s Pardon

However, not everyone is eligible for a Certificate of Rehabilitation. There are many eligibility requirements that must be met in order to obtain a Certificate of Rehabilitation. To prepare you for this possibility, here are 10 reasons why you may not be eligible for a Certificate of Rehabilitation:

• You were convicted of a misdemeanor

You are not eligible for a Certificate of Rehabilitation if you have only been convicted of a misdemeanor. Certificates of Rehabilitation are only granted to those convicted of felonies, or certain misdemeanor sex offenses listed under California Penal Code Section 290 and dismissed under PC 1203.4.

• You committed an ineligible sex crime

If you were convicted of certain sex crimes against a child or minor, specifically if you are convicted under PC 286(c), PC 288, PC 288a(c), 288.5, and 289(j), you are ineligible for a Certificate of Rehabilitation.

• You are in the military

Those who are serving in the United States Military are not eligible for a Certificate of Rehabilitation.

• You are not a California resident

If you have not lived in California for at least five continuous years prior to filing your application for a Certificate of Rehabilitation, you are not eligible.

• You are in prison

In order to be eligible for a Certificate of Rehabilitation, you need to have completed your sentence in prison.

• You are on probation or parole

If you are still on probation or parole, you are not yet eligible to receive a Certificate of Rehabilitation. This means that you do not qualify if you are on life parole.

• You were placed back in custody

You are not eligible for a Certificate of Rehabilitation if you have been placed in prison, jail, a detention facility or any other punishable institution since the time of your original conviction.

• You are on probation for a separate crime

Being on probation for another felony not related to the original crime makes you ineligible for a Certificate of Rehabilitation.

• Not enough time has passed to be considered rehabilitated

In addition to the five years of residency in California, you must wait some additional years before you can be considered rehabilitated.

Four additional years must pass if you were convicted under PC 187, 209, 219, 4500, or 12310; a conviction under the Military and Veterans Code section 1673(a), or any other offense that carries a life sentence.

Five additional years must pass if you were convicted of an offense where sex offender registration is required under PC 290.

Violations of subdivision (b), (c), or (d) of PC 311.2, or 311.3, 311.10, or 314 or any offense not listed require an additional two-year waiting period.

• You received the death penalty

If you are facing a death sentence, you are not eligible for a Certificate of Rehabilitation.

Contact the Criminal Defense Attorneys at Wallin & Klarich

If you want to know if you are eligible for a Certificate of Rehabilitation, you should contact a skilled and knowledgeable criminal defense attorney immediately. At Wallin & Klarich, our lawyers have been successfully helping our clients with post-conviction matters for more than 40 years. Let us help you now.

With offices in Orange County, Riverside, San Bernardino, Los Angeles, Torrance, West Covina, Torrance and San Diego, you can find a dedicated Wallin & Klarich attorney near you no matter your location.

Call us at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.