Certificate of Rehabilitation
Cert of Rehab and Governor’s Pardon
The granting of a Certificate of Rehabilitation restores to the applicant some of the rights of citizenship which were forfeited as a result of conviction.
** Defendants convicted of a felony, or a misdemeanor sex offense specialized in Pen. Code 290, and who were granted probation, must Obtain an Expungement before a Cert of Rehabilitation may be granted.
Who Is Eligible
A person is eligible to apply for a Cert of Rehab if he/she:
- (1) Has been convicted of a felony AND served a sentence in a California prison or other state penal institution or agency AND; (2) was discharged on completion of the sentence or released on parole prior to 5/13/1943 AND; (3) has not been incarcerated in a state prison or other state penal institution or agency since being released AND; (4) presents satisfactory evidence of three years residence in California immediately prior to the filing of the petition.
- (1) Was convicted of a felony or a misdemeanor sex offense specified in Pen. Code 290, the accusatory pleading of which was Dismissed via Expungement AND; (2) has not been incarcerated in any penal institution or agency since the dismissal of the accusatory pleading AND; (3) Is not on probation for the commission of any other felony AND; (4) Presents satisfactory evidence of five years residence in California immediately prior to the filing of the petition.
- Was convicted of a felony and, on 5/13/1943, was confined in a state prison or other institution or agency to which he/she was committed, or was convicted of a felony after 5/13/1943 and committed to a state prison or other institution or agency.
Who Is Not Eligible
Persons who are ineligible to apply for a Cert of Rehab include those who do not meet the above eligibility criteria and those who were/are:
- Convicted only of misdemeanors (except those convicted of a misdemeanor sex offense specified in Pen. Code 290, which was Dismissed via Expungement).
- Convicted of Pen. Code 286(c), 288, 288a(c), 288.5, or 289(j).
- Serving a Mandatory Life Parole
- Committed to a prison under a Death Sentence.
- In the Military Service.
What It Does Do
- Can relieve certain specified sex offenders of duty to register
- Enhance your potential for getting licensed by state boards
- Enhance your employment possibilities
- Serve as an automatic recommendation AND application to the Governor for a pardon
- Allows you to own a firearm UNLESS your conviction was a felony involving a dangerous weapon (Pen. Code 4852.17)
What It Does Not Do
- Does not erase your felony conviction or seal criminal record
- Does not prevent future use of past conviction as a prior if later convicted of another offense
- Does not allow an ex-felon to answer on an employment application that he/she has no record of conviction
- Certain sex offenders must still register
Automatic Governor Pardon Application
- With every Cert of Rehab application, an application is made for a Governor’s Pardon.
- A Governor’s pardon will not be granted unless you have been discharged from probation or parole for at least 10 years without further criminal activity during that period.
- Even with a pardon, your past conviction can still be used as a prior if you are convicted of another offense in the future
Why The Hullinger Firm?
It’s simple. Because we know what we are doing, and you need to file the best application possible.
Our attorneys and staff take care of every step for you. You almost never have to show up to court.
You get 24/7 online access to a personal, secure, and confidential account where you can track the progress of your case and have complete access to your paperwork.
Setting up a FREE consultation is quick, and we can start working for you right away. Fill out the form and someone from our office will contact you. You may also call us at 619-452-2539 if you have any questions at no charge.
We care for you, and we’re on your side so you get the relief you need.
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Scott Hullinger, Esq.
Criminal and Civil Attorney