Certificate of Rehabilitation

The California expungement attorneys of Criminal Defense Partners assist clients with obtaining certificates of rehabilitation and California governor’s pardons. We deal primarily with criminal convictions from the San Bernardino, Los Angeles, Ventura, Riverside and Orange County courts.

What is a Certificate of Rehabilitation?

A certificate of rehabilitation is a court order declaring that a defendant previously convicted of a felony (or misdemeanor sex offense) in California has now been rehabilitated. The law related to certificates of rehabilitation is spelled out in California Penal Code 4852.01 to 4852.21.

Upon granting a certificate of rehabilitation, the court forwards the certificate to the California governor where it automatically becomes an application for a pardon. Although the certificate of rehabilitation serves as the trial court’s recommendation that the person be pardoned, the governor decides whether or not to grant the pardon.

Who May Apply for a Certificate of Rehabilitation?

Generally, a person may apply if:

• He was convicted of a felony (or a misdemeanor described in California Penal code 290, which was expunged);


• He has been released from custody, probation or parole and remained free of incarceration; AND


• He has been a California resident (4) for at least five years prior to filing for the Certificate.

A person is not eligible if:

• The conviction was for a misdemeanor other than those listed in Penal Code 290;


• The person was convicted of a sex crime from Penal Code 286(c), 288, 288a(c), 288.5, or 289(j);


• The person has been paroled from a life sentence; OR


• The person is actively in the military. (5)

Does a Certificate of Rehabilitation Discharge the Duty to register as a Sex Offender Under Penal Code 290?

A certificate of rehabilitation relieves a registered sex offender of the duty to register in some cases. It depends on the Penal Code Section of the Conviction. Some sections require a full governors pardon before sex registration is ended. Contact a California expungement attorney to determine your eligibility.

How Does the Application Process Work?

After determining your eligibility for a certificate of rehabilitation, our California expungement attorneys file a petition with the Superior Court. The petition includes application forms, letters of character and other documents. We serve notice on the district attorney, who may investigate the matter.

Ultimately, a hearing takes place in court in which a judge considers all the reasons for and against granting the certificate of rehabilitation. We may meet with the prosecutor’s office before the hearing in an attempt to gather their support. If the certificate is granted, the court automatically forwards it to the California Governor, where it becomes an application for a pardon.

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