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Certificate of Rehabilitation
What is it?
It is a court order declaring that the applicant who was convicted of a felony is now rehabilitated.
Who is eligible to apply?
A person convicted of a felony who has served a sentence in a California prison or other state penal institution or agency; was discharged on completion of the sentence or released on parole or probation, upon successful termination; and has not been incarcerated in a state penal institution since his or her release.
What are the requirements of demonstrated rehabilitation?
An applicant must be able to provide the court proof that he or she has lived an useful, productive, and law abiding life following the conviction.
What are the residential requirements?
An applicant who was placed on parole must reside in California for three years prior to filing for a Certificate of Rehabilitation.
An applicant who completed the sentence must have resided in California for at least five years prior to filing for a Certificate of Rehabilitation.
When does the rehabilitation period for an applicant begin?
An applicant’s rehabilitation period begins from the moment he or she is discharged from incarceration or upon release on probation or parole.
How long must you wait before applying?
The required period of rehabilitation before filing a Certificate of Rehabilitation is the five years required for residency in California, in addition to any years ordered by the court if the applicant served consecutive sentences.
What does it do?
It declares the applicant rehabilitated, thereby enhancing employment opportunities and the possibility of becoming licensed by state boards.
What does it not do?
It does not erase the felony conviction or prevent it from being considered a prior in a future separate criminal matter.
It also does not allow the applicant to answer “no record of conviction” in any employment applications.
Where is a Certificate of Rehabilitation filed?
The application must be filed in the a Superior Court of the applicant’s current county of residence. It is important to note that the applicant must also notify the District Attorney of the county in which the applicant was convicted.
Who reviews the Certificate of Rehabilitation?
The District Attorney’s Office in the county of the applicant’s residence is responsible for reviewing the application. The District Attorney’s office will provide the applicant with a questioner and verify the information provided by conducting a background investigation.
How long does the background investigation take?
The investigation can take anywhere from three to four months and it begins after the questioner is received.
What does the background investigation consist of?
The investigation looks into the applicant’s family, residence, education, employment history, financial status, criminal and civil actions filed against the applicant.
Who grants a Certificate of Rehabilitation?
After the District Attorney’s office submits the report of their investigation to the judge, the judge makes the ultimate determination.
How does the Certificate of Rehabilitation and the Governor’s Pardon work?
The Certificate of Rehabilitation and Governor’s Pardon is a two part clearing process, the Certificate of Rehabilitation serves as an automatic recommendation and application to the Governor for a pardon.
If you have any questions about a Certificate of Rehabilitation, feel free to contact San Diego Criminal Defense Attorney Vik Monder at 619.405.0063 or visit San Diego Criminal Defense
