Pardons
There are two ways that someone sentenced to state prison can obtain relief: (1) the Certificate of Rehabilitation and Pardon, and (2) the Direct Application for Pardon.
A full pardon restores all of the rights and privileges of which the person was deprived by reason of the conviction, with some exceptions. In addition, a pardon may relieve a sex offender of the duty to register under Penal Code Section 290 in select circumstances. A pardon does not automatically restore any license, permit, or certificate that had been taken as the result of the conviction.
The laws pertaining to the Certificate of Rehabilitation can be found in California Penal Code sections 4852.01 to 4852.21.
Persons who are eligible to apply for a Certificate of Rehabilitation include those who:
Were convicted of a felony and served the sentence in a California state prison; and
Were discharged on completion of the term or released on parole prior to May 13, 1943; and
Have not been incarcerated in a state penal institution since release; and
Present satisfactory evidence of three years residence in California immediately prior to the filing of the petition.
or
Were convicted of a felony, or a misdemeanor sex offense specified in Penal Code section 290, the accusatory pleading of which was dismissed pursuant to Penal Code section 1203.4; and
Have been discharged or released from custody on probation; and
Have not been incarcerated in any penal institution, jail or agency since the dismissal of the accusatory pleading; and
Are not on probation for the commission of any other felony; and
Present satisfactory evidence of five years residence in California immediately prior to the filing of the petition.
or
Were convicted of a felony on or after May 13, 1943; and
Were sentenced to state prison or other institution or agency; and
Were discharged from custody or released on parole; and
Present satisfactory evidence of five years residence in California immediately prior to the filing of the petition.
Persons who are INELIGIBLE to apply for a Certificate of Rehabilitation include:
Those who do not meet the above requirements; or
Those who were convicted only of misdemeanors (except those convicted of a misdemeanor sex offense specified in Penal Code section 290, which was dismissed pursuant to Penal Code section 1203.4); or
Those who were convicted of Penal Code sections 286(c), 288, 288a(c), 288.5, or 289(j); or
Those who are serving a mandatory life parole; or
Those committed to prison under a death sentence; or
Those persons in the military service.
