San Diego Criminal Defense Lawyer Explains Certificate of Rehabilitation Laws in California:

What is a California Certificate of Rehabilitation?

A Certificate of Rehabilitation is a statement by a judge that you have been rehabilitated following a criminal conviction. It does not erase your criminal history but declares that you are now a law abiding citizen.

Why would you want a Certificate of Rehabilitation?

A Certificate of Rehabilitation can benefit you because it:

1)    Prevents state agencies from automatically denying you a license[1]

2)    Prevents prior felony convictions from being used to impeach your credibility as a witness (as long as a governor’s pardon is also received)[2]

3)    Relieves certain sex offenders of their duty to register as a sex offender pursuant to PC § 290.5 (exclusions are included in section 2)

4)    Acts as an automatic application for a Governor’s pardon[3]

5)    If granted a Governor’s pardon through a certificate of rehabilitation, it may allow you resume your right to vote and own, possess or keep a firearm[4]

Who can apply for a Certificate of Rehabilitation?

If you fall under all of the following categories, you qualify to apply for a California Certificate of Rehabilitation.

1)    You were convicted of a felony and sentenced to the California state prison[5],

2)    You have been released of California probation, parole or custody and have been free of incarceration since[6],

3)    You present proof that before you filed for the Certificate you lived in California for 5 years[7], and

4)    You present proof of a satisfactory period of rehabilitation which begins the day after you get released from custody[8]

The rehabilitation time requirement ranges from 2-5 years, depending on the criminal conviction. In all cases, you must show proof that during that time you led an “honest and upright life, conducted yourself with sobriety and industry, exhibited good moral character and conformed to and obeyed the laws of the land.”[9]

You may also qualify if you:

1)    Were convicted of a felony for which you received probation or a misdemeanor sex offense listed in CA PC§290 and that that conviction was expunged pursuant to California’s Expungement law PC § 1203.4,

2)    Have since been released from custody on probation (and have remained free of incarceration),

3)    Are not on probation,

4)    Present proof of the five-year California residency requirement, and

5)    Present proof of a satisfactory rehabilitation period

What do I need to do to apply for a Certificate of Rehabilitation?

Once we determine that you meet the qualification standards, we file a petition with the California Superior Court requesting you be considered for a Certificate of Rehabilitation.

The petition includes the application forms, letters of character, and other relevant documents.[10]

After submitting the petition, a court hearing date will be set. Where possible, an effort will be made to meet with the prosecuting agency before the hearing to get their support of the petition[11]. It is best that you attend the hearing, where we present our evidence and argument to convince the judge to grant the petition for a Certificate of Rehabilitation. You can expect the time from filing the petition to the hearing date to be about 4 months or longer. Your fresh start is a phone call away. Contact Lounsbery Law Office, PC now to further discuss how we can help you apply for a Certificate of Rehabilitation.