AM I ELIGIBLE FOR A CERTIFICATE OF REHABILITATION?
- If you were sentenced to State Prison and were released on Probation or Parole for approximately ten (10) years without any other arrests in the interim;
- You have been a resident of California for five years after being released from prison;
- You have a felony conviction and desire a Governor's Pardon;
- You have a misdemeanor conviction and are not required to register pursuant to PC 288.
If you have a felony conviction or a misdemeanor conviction that requires registration pursuant to Penal Code section 290 that has been expunged; have continuously lived in California for 3 to 5 years prior to applying for a Certificate of Rehabilitation and Pardon (Residency requirement is 3 years if released on parole, all other cases 5 year residency is required); and present a satisfactory period of rehabilitation which begins from the date you were released from custody, you qualify for this relief. A change of residence within California does not interrupt the period of rehabilitation.
The period of rehabilitation begins upon your discharge from custody due to your completion of the term to which you were sentenced OR upon your release on parole or probation, whichever is sooner. The period of rehabilitation shall be five years' residence in California plus a period of time determined by the following rules:
(1) To the five years there is added four years for anyone convicted of violating PC Section 187, 209, 219, 4500 or 12310, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
(2) To the five years there is added five more years for anyone convicted of committing any offense or attempted offense for which sex offender registration is required per PC 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314. For those convictions, two years shall be added to the five years imposed by this section.
(3) To the five years there is added two years for anyone convicted of committing any offense that is not listed in paragraph (1) or paragraph (2) and that does not carry a life sentence.
(4) The trial court hearing the application for the certificate of rehabilitation may, if you were ordered to serve consecutive sentences, order that your statutory period of rehabilitation be extended for an additional period of time, but when combined does not exceed the period prescribed by statute for the sum of the maximum penalties for all of the crimes.
(5) Any person who was discharged after completion of his or her term or was released on parole before May 13, 1943, is not subject to the periods of rehabilitation set forth in these rules.
Unless and until the period of rehabilitation, as set forth above, has passed, you are ineligible to file a petition for a certificate of rehabilitation with the court.
While these are highly desirable goals and we recommend you employ Samuel Spital & Associates to file a Petition to obtain this relief, the dismissal does not remove the arrest from your California "CII or Rap Sheet" nor from FBI criminal history records (PC 1203.4); moreover, it does not reinstate your previous right to possess firearms (although having the felony reduced to a misdemeanor may restore some rights under California law, federal law probably effects a lifetime prohibition for possession of a firearm; also, it does not seal or remove the court case file from public inspection - anyone who knows where to look will be able to find the court case file (however, probation reports are in confidential files and are not subject to public inspection 90 days after sentencing);and, a dismissal does not prevent the conviction from being used for impeachment purposes if you are later called as a witness, nor from being used as a "prior" to increase the punishment if you are subsequently charged in a criminal case; lastly, the conviction can still be used by INS for removal and exclusion purposes.