A person convicted of a felony who is committed to state prison or county jail pursuant to Penal Code section 1170(h), may generally file a petition for a Certificate of Rehabilitation and Pardon. (Cal. Penal Code section 4852.01(a)). A person that has been convicted of a felony or a misdemeanor violation of any sex offense specified in Penal Code section 290 may also petition for a Certificate of Rehabilitation and Pardon under certain circumstances. (Cal. Penal Code section 4852.01(b)).
Depending on the underlying offense, a person petitioning for a Certificate of Rehabilitation must generally wait a specified “period of rehabilitation” prior to being eligible to petition for the relief. (Cal. Penal Code section 4852.03). This period of rehabilitation commences upon the discharge of the petitioner from custody or upon his or her release on parole, postrelease community supervision, mandatory supervision, or probation - whichever is sooner. (Cal. Penal Code section 4852.03(a)). Depending on the offense, this period of rehabilitation can be up to ten (10) years. (Cal. Penal Code section 4852.03(a)).
However, according to Penal Code section 4852.22, a trial court hearing an application for a Certificate of Rehabilitation before the applicable “period of rehabilitation” has elapsed may grant the application if the court, in its discretion, believes the relief serves the interests of justice.
Once a person is granted a Certificate of Rehabilitation, the Governor automatically receives an application for Pardon and it is in Governor’s discretion to grant the full Pardon.
DISCLAIMER:
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar Law, APC or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.