Legal Question in Criminal Law in California

Certificate of Rehabilitation
The date of plea bargain/conviction was 3 years after being in custody for 7 months.The judge at sentencing indicated that I would be eligible to apply for Certificate of Rehabilitation 7 years after being released from jail however the D.A.office indicated that it would be 7 years from date of conviction since no probation was imposed as part of plea agreement.I have found nothing indicating time starts from date of conviction,only information pertaining to probation and being released from custody as it relates to C.O.R.Also the residency requirements,do you have to actually be living in S.D.County just prior to applying for certificate of rehabilitation or just to have been living in S.D.for 5 years after conviction but before applying for a COR?The reason I ask is because I would like to go to graduate school however that may mean leaving S.D.County, one year prior to being eligible for a certificate of rehabilitation according to the San Diego D.A.Even though according to the trial court judge at sentencing I am eligible now.Could I maintain a residence as well as my residency in S.D.County while attending graduate school outside of the S.D.area?Being a registered sex offender I would have to indicate where I would be in SD.

Asked on 8/07/04, 2:47 pm

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Re: Certificate of Rehabilitation

Conviction date should apply unless there are special cercumstances. Call me directly at (619) 222-3504.

Answered on 8/09/04, 4:52 pm

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