California Penal Code section 4852.01 and section 4852.21 sets forth that a Certificate of Rehabilitation is a court order stating the rehabilitation of a person convicted of committing of a felony and faced sentencing in a state prison. The Certificate of Rehabilitation allows applying to the Governor for a Pardon. However, you should take into consideration that the Certificate of Rehabilitation does not guarantee a pardon.
In order to get the Certificate of Rehabilitation the person should:
– live an honest and upright life,
– conduct himself or herself with sobriety and industry,
– exhibit a good moral character,
– conform to and obey the laws of the land.
Thus, the determination of the Certificate of Rehabilitation is to prove that the person committed a felony in the past has become an obeying the laws. Generally speaking, any person convicted of a felony and residing in California has the right to apply to the Superior Court of its residency for a Certificate of Rehabilitation. The Certificate of Rehabilitation permits to apply for California State Certifications, Housing Assistance, Student Loans etc. In contrast to filed motions to seal and destroy arrest records, the Certificate of Rehabilitation is applicable to the present criminal convictions and arrests.
The main benefits from getting a Certificate of Rehabilitation are:
– no person will be denied a license solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation
– it makes useless attacks against credibility of a witness
– deliberation for a person of any further duty to register as a sex offender if he or she is not in custody, on parole, or on probation
– the certified copy of a certificate of rehabilitation transmitted to the Governor can constitute an application for a full pardon upon receipt of which the Governor may, without any further investigation, issue a pardon to the person named therein, except the Governor shall not grant a pardon to any person twice convicted of felony, except upon the written recommendation of a majority of the judges of the Supreme Court.
The Margarian Law Firm aggressively protects the rights of criminal defendants in California. We are a client-centered professional expungement law firm, not a mass-market expungement mill. When our law firm accepts your California criminal case, you can put your mind at ease. We handle every aspect of your case, from the very start through the very last court hearing, all for a flat fee agreed upon before we begin.
You may file your request online, by telephone or by mail. 818-553-1000