A Pardon from the California Governor

Our expungement lawyers can help you apply for certificates of rehabilitation and California pardons. Contact us for a free consultation to determine if you qualify.

The governor of California has the power to pardon anyone convicted in California of felony or misdemeanor crimes, except that a person twice convicted of felonies must also have the recommendation of the state supreme court.

Pardons are reserved for those who lead an exemplary, crime-free life following a conviction. Except in rare circumstances, the California governor will not consider an application for pardon until the applicant has been discharged from probation or parole for at least 10 years.

What Are The Benefits of a California Pardon?

A full pardon restores all the “rights, privileges and franchises” that the person was deprived of because of the conviction. California Penal Code 4853.

A California pardon restores the person’s right to own and possess guns and firearms, unless he was convicted of an offense involving the use of a dangerous weapon.

A California pardon may relieve a registered sex offender of the duty to register under Penal Code 290.

However, a California pardon does not seal, destroy or expunge the record of conviction (these can often be done under a separate procedure).

Nor does the pardon relieve a person of the duty to admit to a conviction if asked about it in the course of applying for a state license. But a pardoned individual may say that he was convicted and pardoned, in which case many licensing boards will no longer hold the conviction against the license-seeker.

How Does One Apply for a California Pardon?

There are two different procedures for applying for a California pardon: (1) directly to the governor, or (2) through the Superior Court, by way of a certificate of rehabilitation.

A direct pardon is an application directly to the governor. Notice must be given to the district attorney, and the Board of Prison Terms will often investigate the request. A direct pardon is the method used by someone ineligible for a certificate of rehabilitation, such as nonresidents and those convicted of misdemeanors.

If one seeks a pardon by way of a certificate of rehabilitation, and the certificate is granted, then the court forwards the certificate to the governor as an application for a pardon. This is the preferred method, since it means the superior court has already inquired into the matter and the court endorses the applicant as successfully rehabilitated.

Internet resources

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Information for activists seeking to reform prisons and the criminal justice system.

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