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California Penal Code 4852.01 to 4852.21 describe the legal procedure for obtaining a court order declaring the rehabilitation of a prior offender. Once granted, the individual is awarded a Certificate of Rehabilitation. This certificate is proof that a person previously convicted of a felony or misdemeanor sex offense in California has been rehabilitated. It is important to note that this is different from a dismissal, as the certificate does not seal or destroy prior criminal convictions. However, it does inform employers and associates that the individual is now a law-abiding citizen, with their criminal activity behind them.
A person who has been sentenced to state prison or the Department of Corrections and Rehabilitation under Penal Code Section 1203.4 or 1204.4a is eligible to receive a Certificate of Rehabilitation, not a dismissal of their previous conviction. Though the certificate does not grant the individual the right to own firearms, it can prevent state licensing agencies from automatically denying them access to licensing for employment endeavors. The certificate also automatically makes the individual eligible for a California Governor’s Pardon.
Depending on the case, a Certificate of Rehabilitation could end the need for sex offender registration, which may require a Governor’s Pardon. However, a felon convicted of the use of a dangerous weapon still has no right to ownership of firearms.
To file for a Certificate of Rehabilitation, certain requirements must be met. The person must have been a resident of California for at least five years before filing for the certificate, and seven years must have passed since their release from prison, parole, and probation. Also, he/she must not have a conviction of a misdemeanor not listed under Penal Code 290, conviction of a sex crime listed under 286(c), 288, 288a(c), 288.5, or 289(j), be on life parole for a life sentence, or currently serving in the military. If the individual’s parole was violated, and they were sent back to prison, then seven years must pass before applying for the certificate again.
An applicant must prepare an application for the certificate that includes the necessary forms, letters attesting to their character, and letters showing that they have been attending school, training, counseling, or employed since their release. It is crucial to note that the burden of proof falls on the applicant. Therefore, hiring a Los Angeles criminal attorney who can help in gathering evidence and presenting it in a professional and orderly manner before the court is advisable.
If you think you qualify for a Certificate of Rehabilitation, contact a Los Angeles criminal attorney today to discuss your plans and receive legal counsel about your application to the California Superior Court. The Certificate of Rehabilitation is a vital key to your future as a law-abiding citizen, and getting it can open doors to job opportunities and a better life.
| Prior conviction of a felony. | Resident of the state of California for five years prior to filing. | Released from custody, parole and probation and free of repeat incarcerations. |
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| Prior conviction of a misdemeanor not listed under Penal Code 290. | Conviction of a sex crime listed under 286(c), 288, 288a(c), 288.5, or 289(j). |
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| Life sentence has been paroled. | Currently serving in the military. |
Once the eligibility criteria are met, the applicant must file a petition with the California Superior Court. To complete the application, the following are required:
Forms must be completed in full as per the requirement and should be verified by the petitioner.
Letters from reliable sources must be provided, which show that the applicant has truly completed rehabilitation.
Upon release from prison, the applicant must show that he/she has been attending school, taking training, counseling, or employed since their release.
Lastly, a Los Angeles criminal attorney can assist the applicant in gathering their evidence of rehabilitation and presenting it professionally before the court. Applying for Certificate of Rehabilitation shows that the applicant is ready to reintegrate into society and can offer a fresh start to those looking to regain control of their life.
Very diligent, organized associates; got my case dismissed. Hard working attorneys who can put up with your anxiousness. I was accused of robbing a gemstone dealer. Definitely A law group that lays out all possible options and alternative routes. Recommended for sure.
- ROBIN, GUN CHARGES ROBIN
CALIFORNIA CRIMINAL DEFENSE ATTORNEYS