Legal Question in Criminal Law in California

Re: certificate of rehabilitation

I looked up the information in a book entitled CALIFORNIA CRIMINAL LAW PROCEDURE AND PRACTICE published by CALIFORNIA CONTINUING EDUCATION OF THE BAR (CEB). This book and other similar references are available at your local law library. These are in each county and many courthouses maintain them. These libraries are open to the public. So the procedure needs to be checked in a newer edition. It appears that a three year residency in California is required for a CERTIFICATE OF REHABILITATION governed by Penal Code Section 4852.01 et seq. The penal code is available on the Internet. However the law library will have the longer code books called Annotated Codes that attorneys favor. The procedure is handled in the Superior Court of the county of your residency. The criminal clerk may have a local form, or it may be a Judicial Council Form available on the Internet. If not it should be typed up and preferably on 28 line pleading paper. If you don't have any money to hire an attorney I would suggest you consider starting to date a legal secretary. I have several dance partners that are legal secretaries. They are around and available for dating.

Lots of luck

Re: certificate of rehabilitation

Thanks for your posting.

Aside from the humorous advise of Mr. Hobbs, I would say that hiring an attorney to do a certificate of rehabilitation is your best option. You can do it yourself, but the felony procedure is somewhat more complicated, and the fact that your conviction was in another state makes it even more so.

You should begin by getting character reference letters (from employers, family, friends), and also obtaining a full copy of the terms of your conviction from New Jersey.

Here is the text of the section of the penal code regarding certificates of rehabilitation:

Penal Code sec. 4852.13

(a) Except as otherwise provided in subdivision (b), if after hearing, the court finds that the petitioner has demonstrated by his or her course of conduct his or her rehabilitation and his or her fitness to exercise all of the civil and political rights of citizenship, the court may make an order declaring that the petitioner has been rehabilitated, and recommending that the Governor grant a full pardon to the petitioner. This order shall be filed with the clerk of the court, and shall be known as a certificate of rehabilitation.

(b) No certificate of rehabilitation shall be granted to a person convicted of any offense specified in Section 290 if the court determines that the petitioner presents a continuing threat to minors of committing any of the offenses specified in Section 290.

(c) A district attorney in either the county where the conviction was obtained or the county of residence of the recipient of the certificate of rehabilitation may petition the superior court to rescind a certificate if it was granted for any offense specified in Section 290. The petition shall be filed in either the county in which the person who has received the certificate of rehabilitation resides or the county in which the conviction was obtained. If the superior court finds that petitioner has demonstrated by a preponderance of the evidence that the person who has received the certificate presents a continuing threat to minors of committing any of the offenses specified in Section 290, the court shall rescind the certificate.

Thanks, and please feel free to call me at 1-877-568-2977 (toll free) or email me if you have any questions or for more information.