Applying for Certificate of Rehabilitation - California Penal Code 4852.01 PC

Do I Qualify for a Certificate of Rehabilitation in California?

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.

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.

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:

If you need assistance on how to apply for a California Certificate of Rehabilitation, call us today.

• 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:

1. 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
2. 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
3. Two years if you were convicted of any offense not listed above that does not carry a life sentence; or
4. Any additional years ordered by the court if you served consecutive sentences.

Procedure for Applying for a Certificate of Rehabilitation:

Your attorneys at Wallin & Klarich explain in detail the process for applying for a Certificate of Rehabilitation.

California Certificate of Rehabilitation Hearing

You Must Show Rehabilitation

Certificate of Rehabilitation and Governor's Pardon Allow for Restoration of Some of Your Rights

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