How does a certificate of rehabilitation work

This is a complicated area of law and beyond do-it-yourself guidance. Moreover, as set forth below, you are entitled to representation by the Public Defender if you cannot afford your own counsel in this undertaking. Below is some general info from the court's self-help center and from the governor's office. But, please, be under no illusions, the governor has granted only a handful of pardons during his term, and has granted NONE for sex offenses. Accordingly, you should proceed if the benefits of obtaining a Certificate of Rehabilitation are significant for you, but not if you are expecting the Certificate to result in a pardon. "If you were sentenced to state prison or sentenced under the authority of the Department of Corrections and Rehabilitation you are not eligible for a dismissal under Penal Code Section 1203.4 or 1203.4a. But you may be eligible for a Certificate of Rehabilitation. For eligibility and application requirements contact the Board of Parole Hearings , Post Office Box 4036, Sacramento, CA 95812-4036. If you are eligible, you may file a petition with the Superior Court where you reside. This is a lengthy process and you may need a lawyer. You have the right to have the Public Defender in your county help you. A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony is now rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the court and constitutes the application for a pardon. The laws pertaining to the Certificate of Rehabilitation can be found in Penal Code sections 4852.01 to 4852.21. Receipt by the Governor of a Certificate of Rehabilitation does not guarantee that a pardon will be granted. Generally, any person convicted of a felony who still resides in California may apply to the superior court in his or her county of residence for a Certificate of Rehabilitation, provided that he or she meets the requirements of demonstrated rehabilitation required by law. (Penal Code sec. 4852.06.) Special laws apply to those convicted of sex offenses. Persons convicted of misdemeanor sex offenses specified in Penal Code section 290 may apply if the conviction has been dismissed under Penal Code section 1203.4. Persons convicted of felony offenses under Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j) are not eligible for a Certificate of Rehabilitation. A Certificate of Rehabilitation may relieve some offenders from having to register as a sex offender under Penal Code section 290. For more information on 290 registration requirements, contact the California Department of Justice, Sexual Registration Unit.

A certificate of rehabilitation is difficult to obtain, but not impossible. Ms. McCall is correct - you should probably retain a lawyer to do this for you, as it can be complicated and difficult. Good luck.