|
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.
|
|
|
|
|