Certificate for Rehabilitation (Penal Code 4825)
A certificate of rehabilitation is available if you have been convicted of a felony. The petition for certificate of rehabilitation is also available if you’ve been convicted of a misdemeanor and required to register as a sex offender. It is not available if you’ve had the conviction expunged under Penal Code 1203.4.
You must not have sustained another conviction since your release from probation or parole. In order to successfully apply, you must have been a resident of California for the last 5 years.
The petition is made to the Court and the Court hears evidence and decides whether to grant the Petition. The prosecutor will do an extensive background check before the hearing. If you are required to register as a sex offender the court also weighs whether you are still a threat to children.
If granted, the certificate of rehabilitation is sent to the Governor as a recommendation for a pardon. The Board of Parole Hearings will review the Certificate and send their opinion to the Governor. If you’ve been convicted of two felonies then the Certificate is sent to the Supreme Court. A majority of the Supreme Court must approve it.
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