CALIFORNIA CERTIFICATE OF REHABILITATION

Certificate of Rehabilitation is yet another option available to individuals convicted of crimes in California. This relief is available for the following individuals:

• If you were sentenced to state prison and were released on parole, thereby making you ineligible for expungement.
• If you have a felony conviction.
• If you have misdemeanor convictions and are required to register pursuant to Penal Code section 290

Benefits of a Certificate of Rehabilitation are:

• Application for a Governor's pardon becomes automatic, once granted.
• State licensing agencies will take into account the Certificate when deciding to grant a state license (i.e. Nursing, Real Estate, Contractor, etc.)
• It relieves certain sex-offenders from registration requirements of Penal Code section 290

Who qualifies for a Certificate of Rehabilitation?

• You must have a felony conviction or a misdemeanor conviction that requires registration pursuant to Penal Code section 290 that has been expunged
• You must have continuously lived in California for 3 to 5 years prior to applying for a Certificate and Pardon (Residency requirement is 3 years if released on parole. 5 year residency is required for all other cases)
• You must present a satisfactory period of rehabilitation which begins from the date you were released from custody

A Certificate of Rehabilitation is a court order, which declares that a person who has been convicted of a felony or qualified misdemeanor is rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the granting court and constitutes an application for a pardon.

Dismissal of the underlying charges pursuant to Penal Code Section 1203.4 is not required before seeking a Certificate of Rehabilitation, so long as the person served a prison sentence. If probation was imposed instead of a prison sentence, dismissal must first be obtained, and the defendant must be free from felony probation.