According to California Penal Code Sections 4852.01 – 4852.21 (PC-4852.01) to (PC-4852.21) Certificate of Rehabilitation is a court order that attests to a person’s rehabilitation since his conviction for a particular sex misdemeanor or a felony for which he served state prison time.
Certificate of Rehabilitation doesn’t erase or seal person’s criminal record, but, it does limit the negative effects of criminal record.
Eligibility for getting a Certificate of Rehabilitation include the following
A person wont be eligible for a Certificate of Rehabilitation in case such as
OR in case he was convicted of any of the following crimes:
Benefits of Certificate of Rehabilitation include the following
Second Amendment Rights
In case a person was convicted of a felony, he will be denied his Second Amendment rights—the right to posses or own firearms. The only way to restore these rights is a Governor’s Pardon. After getting a Certificate of Rehabilitation a person is eligible to apply for a Governor’s Pardon.
Public Record
A certificate of rehabilitation, unlike an expungement, does not automatically remove person’s conviction from public databases.
Person’s past convictions still counts as a prior offense in case he commits a crime again. Additionally he must disclose his conviction if applying for a job with the State Lottery Commission, if running for public office, or if applying for a professional license.
Depending on the crime the main waiting period is 7, 9 or 10 years.
The process of applying for the Certificate of Rehabilitation in California include the following filing a petition, obtaining a criminal record copy. proving evidence of rehabilitation, and attending the hearing.
According to California Penal Code Section 4852.06 person must fill the petition for Certificate of Rehabilitation in the Superior Court of his current county of residence. Person must notify the district attorney in his county of residence, as well as the district attorney of each county in which he was convicted of a felony. The notice must identify all crimes for which he is requesting rehabilitation.
The court will require detailed information about person’s criminal history and the crimes for which he is seeking rehabilitation. Person can get a copy of his criminal record at the court where he was convicted or at the California Department of Corrections.
Person will have to provide evidence for proving that he has made positive changes in his life. Evidence can include:
If the Superior Court schedule a hearing to consider the petition it will notify the Governor’s office and the district attorney involved in person’s conviction. The judge will consider testimony and presented evidence. This also includes the opposing arguments offered by the state.
Are you in need of legal assistance with receiving a Certificate of Rehabilitation in the state of California? Our lawyers in Los Angeles, California at KAASS LAW can provide you with all the services that you need.
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