Legal Question in Criminal Law in California
Governors Pardon
How,and or who does one see about filling for a full pardon? Will there be any added cost
or is this a free service?
1 Answer from Attorneys
Re: Governors Pardon
Forgive me, I am still laughing from that part
of your question which assumed that any possible
or imaginable service which might be needed by a
consumer of legal services could possibly be free.
The answer is that it is a very complicated
multi-step series of tasks. The first is to apply
for relief under section 1203.4 Penal Code.
Technically, a petition under that section allows
your plea or verdict to be set aside and to have
the case dismissed. Nice sounding words but it
really bestows little or no benefits. You still
have a record showing guilt and subsequent relief
under section 1203.4. Still it is necessary to
do this as a first step. You need to allege that
you have completed your probation successfully and
have no pending charges. This is an easy procedure
and the Clerk's Office will have forms to do this.
The next step is to apply for a certificate of
rehabilitation. This is complicated and has to be
done not only perfectly but creatively as well.
The "system" does not like to hand these out and
you have to work for one.
When you have the Cert.Rehab., then you can
apply to the Governor concerning a Pardon. These
are relatively rare and much attention to both
detail and creative presentation (eg. advertising)
is necessary to even get considered. One would
need to have some startling facts (ie. winning the
Nobel Peace Prize would help)
In all, don't try to go this procedure alone.
P.S. It will be expensive.
Larry B. Bruce
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