If you or a loved one needs a certiificate of rehablilitation, then after reading this aricle is you have any further questions give us a call and we will help you out and get you on track. Many times people come into our office frustrated because they are trying to do all the work alone and are having a hard time with the paperwork and procedures needed to obtain a certficate of rehablilitation.
WHAT IS A CERTIFICATE OF REHABILITATION?
In short a certificate of rehabilitation is a court order declaring that a person convicted of a Felony has been rehabilitated. If a petition is granted, it is forwarded to the Governer by the Court and constitutes the application for a Pardon. The laws pertaining to a Pardon it does not guarantee that you will be given the pardon only that it will be forwareded by the governor.
If you have been convicted of a Felony and reside in California you may apply to the superior court in your county of residence.
Special laws apply to sex offenses. Persons convicted of sex offenses that are misdemeanors specified in 290 may apply if the conviction has been dismissed under Penal Code 1203.4
Persons convicted under penal code section 288 288 a or 286 c are not eligible for a cerficate of rehablilitation.
Some offender may be relieved of there need to register.
WHO MAY APPLY?
1. You were convicted of a Felony and served your sentence in a California prison.
or
2. A misdemeanor sex offense specified in 290 and that offense was dismissed under 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 commissio of any other felony and
have resided for five years in California immediately prior to filing the petition.
PERSONS NOT ELIGIBLE
Those that do not meet the above requirements or
those who are convicted of misdemeanors except those convicted of misdemeanor sex offenses sex offense as discussed above. or
those convicted of sex offenses under penal code 286c 288 or
those who are serving a mandatory life parole, or
those persons in military service.
WHEN TO APPLY?
Four years for persons convicted of penal code 187 209, 219 etc.
2. Five years for any person convicted of any offense for which sex offender registration is requires under penal code section 290. there are some exception sto this.
3. two years for any persons convicted of an offense not listed above and that does not carry a life sentence or
any additional years ordered by the cour if the person served consecutive sentences.
PROCEDURES FOR APPLYING
The petition must be filed in the superior court of the applicant’s current county of residence (Penal Code 4852.06) THE Petition can be obtained from the clerks office, if our office represents you the we will do this part of the process and go about getting the paperwork together and filing of the necessary paperwork.
Once all the paperwork is filed and the proper people are notices then there will be a hearing scheduled. The District Attorney will be present at the hearing and sometimes probation or parole will be there.
the court could hear evidence or decide the case as the court sees fit. I have sometimes seen cases where the court will allow testimony and have had my clients do some testimony with the district attorneys office asking some questions and then the court making a decision after that has occurred. If you have any question after reading this article give us a call and we can help you out our number is 559 441-1418. We can get you through this.
