Certificate of Rehabilitation

Certificate of Rehabilitation & Pardon

What is a Certificate of Rehabilitation?

A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony is now rehabilitated.  In seeking to clear your record, a Certificate of Rehabilitation is often an for felony convictions ineligible for expungement, or for those looking for the additional benefits further than what the expungement offered.  Persons convicted of misdemeanor sex offenses specified in PC 290 may also apply if the conviction has been expunged.

If the Certificate of Rehabilitation is granted, your case will be forwarded to the Governor’s office for consideration for a Pardon.

Benefits of a Certificate of Rehabilitation

Some benefits of having a Certificate of Rehabilitation grated include:

  • Serve as an official document to demonstrate a felon’s rehabilitation, which could enhance employment possibilities
  • Increase the chances of a felon’s potential for licensing consideration by a State Board
  • Relieve some sex offenders of further duty to register (see PC 290.5)

Benefits of a Governor’s Pardon

  • Allow restoration of firearms rights, upon federal approval, to specified offenders who have obtained a certificate of rehabilitation if granted a full and unconditional pardon, unless the conviction was for a felony involving the use of a dangerous weapon.
  • Allow a felon to be considered for appointment as a county probation officer or a state parole agent, but not to any other peace officer positions
  • Allow specified sex offenders still required to register after obtaining a Certificate of Rehabilitation to be relieved of their duty to register if granted a full and unconditional pardon.  (See PC 290.5)
  • Allow a felon to serve on a jury trial.

Are You Eligible for a Certificate of Rehabilitation?

You are eligible for a Certificate of Rehabilitation if:

  1. You were convicted of a felony after May 13, 1943; and
  • You were sentenced to state prison, and
  • You were discharged from custody or released on parole, and
  • You resided for five years or more in California immediately prior to filing the petition.

OR

2. You were convicted of a felony, or a misdemeanor sex offense specified in PC 290 that was dismissed under PC             1203.4 (ie. Expungement), and

  • You have been discharged from custody, parole, or probation, and
  • You have not been incarcerated in any penal institution, jail, or agency since release, and
  • You are not on probation for the commission of any other felony, and
  • You have resided for five years or more in California immediately prior to filing the petition.

OR

3.  You were convicted of a felony and served your sentence in a California prison, and

  • You were discharged or released on parole before May 13, 1943, and
  • You have not been incarcerated in a state penal institution since release, and
  • You have resided for three years or more in California immediately prior to filing the petition.

 

If you do not meet the above criteria, OR you fall into one of the below categories, you will be ineligible for a Certificate of Rehabilitation:

  • You were convicted of a sex offense under Penal Code sections 286(c), 288, 288a(c), or 289(j)
  • You are serving a mandatory life parole, or
  • You are committed to prison under a death sentence, or
  • You are in the military service.

The Law Office of Philip D. Hache can help Your Certificate of Rehabilitation & Pardon Petition

My law office is dedicated to helping you get your Certificate of Rehabilitation and Pardon granted. Call (818) 336-1384 for a free consultation directly with me (Philip Hache, Attorney) or fill in the Contact Form below and I will follow up with you.

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