Certificate of Rehabilitation

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Why you should apply

A Certificate of Rehabilitation is a strong form of post conviction relief. This form of relief can restore civil rights such as the ability to vote or the ability to own or possess firearms. Let Go Legal offers affordable Certificate of Rehabilitation relief to those who are seeking to let go of their criminal conviction which has overshadowed their life. A  Certificate of Rehabilitation will confidently allow you to move forward in life without the debilitating effects of the criminal justice system.

Who Is Eligible For A Certificate of Rehabilitation?

There are two groups of individuals eligible for a Certificate of Rehabilitation.:

(1) Those convicted of a felony offense and sentenced to state prison.

(2) Those convicted of a felony (or any person convicted of a misdemeanor sex offense requiring them to register as a sex offender) who have had the conviction expunged and have not been incarcerated since the dismissal of that conviction.

Example #3: Johnny was convicted of a misdemeanor offense that required him to register as a sex offender. Years later, Johnny expunged his misdemeanor conviction. Johnny would be eligible for a Certificate of Rehabilitation.

Who Is Ineligible For A Certificate of Rehabilitation?

Penal Code 4852.01, subdivision (c), expressly prohibits certain offenders from obtaining a Certificate of Rehabilitation. This relief is not available for petitioners

(1) serving a mandatory life parole,

(2) sentenced to death,

(3) convicted of certain sex crimes, or

(4) currently serving in the military

 As noted above, petitioners convicted for a misdemeanor cannot apply for relief unless they were convicted and had expunged a misdemeanor sex offense that required them to register as a sex offender. Additionally, even if a petitioner has a felony conviction for a sex crime requiring them to register as a sex offender, a court may deny their petition if they determine the petitioner would present a continuing threat of committing a sex offense with a minor.

Example #3: Johnny was convicted of a felony sex offense. Although Johnny was otherwise eligible, the court denied his petition because it determined Johnny would pose a continuing threat of committing a sex offense with a minor.

When Can I Apply?

The period of rehabilitation begins when a petitioner is released from custody after completing their sentence, or when they are released from probation, parole, postrelease community supervision, or mandatory supervision. Unlike other post-conviction remedies, a petitioner seeking relief from a Certificate of Rehabilitation must go through a basic period of rehabilitation that consist of

(1) a five-year residence in California

(2) an additional period of rehabilitation depending on the conviction

This basic period of rehabilitation requires a five-year residence in California immediately preceding the date of filing the petition for a certificate, in addition to a supplemental rehabilitation period based on the petitioner’s convictions. In other words, a petitioner must reside in California for five years before filing their petition. A change of residence within California does not interrupt the period of rehabilitation, but moving out of California does. It should be noted, this is the minimum amount of time – the rest is determined by the petitioner’s conviction.

Example #2: In 2015, Johnny was sentenced to prison for 3 three years. After being released, Johnny moved to Oregon. Five years later in 2023, Johnny filed a petition for a Certificate of Rehabilitation. Although Johnny petitioned the court five years after his release from prison, his basic period of rehabilitation was spent in Oregon, not California.  Therefore, Johnny would not satisfy the requirement that he live in California for five years before filing his petition.

In addition to the five year basic period of rehabilitation, additional time is required depending on the petitioner’s conviction. For any crime that a petitioner had been convicted of, an additional two years of rehabilitation is required in addition to the five-year residency requirement. This means that a petitioner must wait at least seven (7) years before applying for a certificate of rehabilitation.  If the petitioner had a certain felony or sex conviction, they must wait an additional period of rehabilitation.  

Certain felony convictions will require an additional four (4) years of rehabilitation, in addition to the five-year residency requirement. This means petitioners with the following felony convictions must wait a total of nine (9) years (5-year residency + 4 years): murder, aggravated kidnapping, unlawfully derailing a train, assault by a prisoner serving a life sentence, using an explosive or destructive devices causing death, mayhem, or great bodily injury, or any other offense that carries a life sentence. 

Sex crimes require an additional five (5) years of rehabilitation in addition to the five-year residency requirement. This means petitioner’s with sex convictions must wait a total of ten (10) years (5-year residency + 5 years). However, convictions for certain sex offenses (certain child pornography crimes, sexual exploitation of a child, and obscene conduct/indecent exposure) require an additional two (2) years. 

Example #3: In 2014, Johnny was sentenced to prison for 5 years for committing a sex offense that would require him to register as a sex offender. Johnny was released from prison in 2019. Johnny’s basic period of rehabilitation would begin in 2019 when he was released from prison. The period of rehabilitation would end five years later in 2024. Johnny would have to rehabilitate for an additional five (5) years before petitioning the court. Johnny could petition the court in 2029, ten (10) years after his basic period of rehabilitation began.

During the period of rehabilitation, the petitioner must

(1) live an honest and upright life,

(2) conduct themselves with sobriety and industry,

(3) exhibit a good moral character, and

(4) conform to and obey the laws of the land.

In other words, you must demonstrate to the court that you have been rehabilitated since your criminal conviction. Until the appropriate period of time has passed, the petitioner is ineligible to file a petition for a Certificate of Rehabilitation with the court, and any Certificate of Rehabilitation that is issued without the petitioner having fulfilled all the requirements for obtaining a certificate is void.

How Do I Get Started?

Let Go Legal has made the process of obtaining a Certificate of Rehabilitation easy. We start with a preliminary case evaluation to determine whether you qualify for relief. If we determine during our initial assessment that you qualify for relief, we will then obtain all requisite documents on your behalf to confirm that you are eligible for expungement relief. There is nothing you need to do except reach out.

After obtaining your documents, we draft your petition. We then have your petition filed in the superior court of the county in which you reside, or in the court of the county in which you were convicted of a felony or of the crime for which they were granted an expungement. At least 30 days prior to the date set for the hearing, Let Go Legal will serve and give notice of their petition to the district attorney of each county in which you were convicted of a felony or of a crime for which you were granted an expungement for. We will also serve the petition and give notice to the governor.

Since a Certificate of Rehabilitation is a court order declaring the petitioner is rehabilitated under the law, upon filing of the petition, the court may request the District Attorney’s office to investigate and furnish a complete report regarding the petitioner. This investigation would include any representation made to the court by the petitioner, any and all matters relating to the petitioner’s conduct during the period of rehabilitation, place and duration of residences during that time, their criminal conduct as show by the Department of Justice (“DOJ”) records, all violations of law—if any—committed during the period of rehabilitation known to the district attorney, and any other information the court may deem necessary in making its decision.

At the hearing, Let Go Legal will advocate on your behalf to demonstrate to the court that you have been rehabilitated under the law and that your application must be granted. We recommend you attend this hearing because you are asking the court to find you rehabilitated under the law. Let Go Legal handles everything else on your behalf.

Certificate of Rehabilitation Becomes Application For Pardon

At the hearing, if the court finds that the petitioner, by their conduct, has demonstrated their rehabilitation and fitness to exercise all of the civil and political rights of citizenship throughout the period of rehabilitation, the court will make an order declaring that the petitioner has been fully rehabilitated under the law. The court order in turn becomes a recommendation that the governor grant the petitioner a full pardon. The Certificate of Rehabilitation (the court order) must be filed with the clerk of the court. The clerk of the court then must immediately send certified copies of the order to the governor, the Board of Parole Hearings (“BPH”), the DOJ, and, if petitioner was twice convicted of a felony, to the California Supreme Court. The certified copy of the order that is sent to the governor constitutes an application for a full pardon. On receiving it, the governor may, without any further investigation, issue a pardon to the petitioner who has been granted the certificate. The governor, however, usually requests the BPH to conduct a further investigation. The governor may not grant a pardon to a twice-convicted felon, except on the written recommendation of a majority of the justices on the California Supreme Court.

The Effect of a Certification of Rehabilitation

If the Governor grants your application for pardon based on a Certificate of Rehabilitation, all civil and political rights of citizenship are restored, such as voting rights and the right to bear and keep arms. But gun rights are not always restored. If the petitioner was convicted of a felony involving the use of a dangerous weapon, then Penal Code section 29800 prohibition on convicted felons from possessing a firearm applies, and the petitioner’s right to own, possess, and keep a firearm is not restored. Additionally, while a Certificate of Rehabilitation will relieve the duty of a sex offender to register, certain specified sex offenders are not relieved from the duty to register as a sex offender by a certificate of rehabilitation, and must obtain a full pardon before being relieved of that duty.

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