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The California Certificate of Rehabilitation form serves as a powerful tool for individuals seeking to demonstrate their commitment to change and rehabilitation after facing felony convictions. This application allows those who have been rehabilitated to petition the court for a formal recognition of their progress. The process involves detailing the applicant's felony history, including the nature of each conviction, the associated penalties, and the timeline of their rehabilitation efforts. Essential components include the applicant’s residency history, declarations of good moral character, and compliance with the law during the rehabilitation period. Each applicant must demonstrate a minimum period of rehabilitation and meet specific eligibility criteria. The court will hold a hearing to determine whether the petition should be granted, paving the way for a recommendation to the Governor for a full pardon. Through this process, individuals have the opportunity to rebuild their lives and re-enter society free from the burdens of their past.

California Certificate Rehabilitation Example

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF

Applicant’s County of Residence

In the Matter of the Application of

Type Applicant’s Full Name – First, Middle, Last, and Suffix

Date of Birth

Month Day, Year

CII Number

Criminal Case Number

List all applicable Criminal Numbers

Court use only

PETITION FOR CERTIFICATE OF REHABILITATION AND PARDON

Pursuant to Penal Code Sections 4852.01 and 4852.06

The above-named applicant hereby respectfully represents and shows that:

FELONY HISTORY

[ All felony convictions must be listed. If you have suffered more than three (3) felony convictions, attach additional sheets following the same format. ]

Most Recent Felony Convictions

On or about

, I was convicted of the crime of

,

 

 

Month Day, Year

 

 

Indicate crime and Penal Code Section

 

In the county of

 

 

, California. My sentence for this offense was

 

[ Check all that apply ]

Commitment to state prison or other state institution at

Name of institution or city where located

Probation with suspended sentence to state prison or other state institution;

Probation, after the sentencing proceedings were suspended.

Thereafter, on or about

 

, I was;

Date released from custody

Discharged from state prison or other state institution after completing my sentence;

☐ Released on parole, from which I was finally discharged on

 

;

Discharge date

Released from custody on probation after serving a jail sentence;

As a condition of my probation, I was released from custody after serving time in jail, and successfully

complete my probation on

 

, and obtained relief under Penal Code

 

 

 

Date probation ended

 

section 1203.4 on

 

 

.

 

 

 

 

Date 1203.4 granted by the court

 

☐ Felony conviction was reduced to a misdemeanor (Provide court information):

 

;

FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

Second Most Recent Felony Convictions

On or about

, I was convicted of the crime of

,

 

 

Month Day, Year

 

 

Indicate crime and Penal Code Section

 

In the county of

 

 

, California. My sentence for this offense was

 

[ Check all that apply ]

Commitment to state prison or other state institution at

Name of institution or city where located

Probation with suspended sentence to state prison or other state institution;

Probation, after the sentencing proceedings were suspended.

Thereafter, on or about

 

, I was;

Date released from custody

Discharged from state prison or other state institution after completing my sentence;

☐ Released on parole, from which I was finally discharged on

 

;

Discharge date

Released from custody on probation after serving a jail sentence;

As a condition of my probation, I was released from custody after serving time in jail, and successfully

Complete my probation on

 

, and obtained relief under Penal Code

 

 

 

Date probation ended

 

Section 1203.4 on

 

 

.

 

 

 

 

Date 1203.4 granted by the court

 

☐ Felony conviction was reduced to a misdemeanor (Provide court information):

 

;

Third Most Recent Felony Conviction

On or about

, I was convicted of the crime of

,

 

 

Month Day, Year

 

 

Indicate crime and Penal Code Section

 

In the county of

 

 

, California. My sentence for this offense was:

 

[ Check all that apply ]

Commitment to state prison or other state institution at

Name of institution or city where located

Probation with suspended sentence to state prison or other state institution;

Probation, after the sentencing proceedings were suspended.

Thereafter, on or about

 

, I was;

Date released from custody

Discharged from state prison or other state institution after completing my sentence;

☐ Released on parole, from which I was finally discharged on

 

;

Discharge date

Released from custody on probation after serving a jail sentence;

As a condition of my probation, I was released from custody after serving time in jail, and successfully

complete my probation on

 

, and obtained relief under Penal Code

 

 

 

Date probation ended

 

section 1203.4 on

 

 

.

 

 

 

 

Date 1203.4 granted by the court

 

☐ Felony conviction was reduced to a misdemeanor (Provide court information):

 

;

FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

RESIDENCY HISTORY

I am now a resident of the State of California, and I have continuously resided in the State of California

from

 

, to the present date.

Month Day, Year

APPLICANT’S DECLARATION

During the period of my rehabilitation, I have lived an honest and upright life, conducted myself with sobriety and industry, and exhibited good moral character. I have conformed to and obeyed all the laws of the land.(Pen. Code, § 4852.05.)

WHEREFORE, Your petitioner prays that the Court make its order and decree declaring that the petitioner has been rehabilitated; and for a certificate of rehabilitation recommending that the Governor of the State of California grant petitioner a full pardon; and that for such purpose, a time be appointed for the hearing of the foregoing petition; and that other and necessary proper orders may be made in the premises.

Applicant’s Signature

Month Day, Year

Applicant’s Street Address

Applicant’s City, State and ZIP Code

Applicant’s Driver License Number

Applicant’s Email Address

Applicant’s Home Phone Number

Applicant’s Work Phone Number

Applicant’s Cell Phone Number

FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

FORM 1 INSTRUCTIONS

1.Obtain Your Criminal Records

To complete this form, you will need information regarding each of your felony convictions, including the date of each conviction, the specific charge or charges for which you were convicted, the county of the conviction, and the sentence that was given. In addition, you will need to know the date that you were released from prison or jail and/or discharged from parole or probation.

This information may be obtained through the court in which the conviction(s) took place, or you may obtain a copy of your state criminal record through the California Department of Justice. You may only obtain your own records from the Department of Justice. Information regarding this request may

be obtained through the Office of the Attorney General website at https://oag.ca.gov/fingerprints/record-review. Regardless of the number of convictions, you will be filing only a single petition.

2.Confirm Your Eligibility

You are ineligible for a certificate of rehabilitation if any of the following are true:

You were convicted only of misdemeanors (other than sex offenses defined in Penal Code section 290, which were subsequently expunged) (Pen. Code, §4852.01, (b).)

You were convicted of specific sex crimes involving minor children as enumerated under Penal Code sections 286, subdivision (c), 288, 288a, subdivision (c), 288.5, and 289, subdivision (j). (Pen. Code, § 4852.01, (c).)

You are serving mandatory life parole. (Pen. Code, § 4852.01, (c).)

You were sent to state prison under a death sentence. (Pen. Code, § 4852.01, (c).)

You are currently in military service. (Pen. Code, § 4852.01, (c).)

Minimum Period of Rehabilitation

In order to be granted a certificate of rehabilitation you must satisfy a minimum period of rehabilitation. In every case, you must have resided continuously for five years in this state prior to filing the petition. (Pen. Code, § 4852.06) The period of rehabilitation begins to run upon your discharge from custody or upon release on parole or probation, whichever is sooner. (Pen. Code, § 4852.03, (a).) The period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:

An additional four years in the case of any person convicted of violating Section 187 (murder), 209 (aggravated kidnapping), 219 (derailing or wrecking a train), 4500 (assault with force likely to cause great bodily injury), or 12310 (use of explosives or destructive devices causing death, mayhem, or great bodily injury) of the Penal Code, or subdivision

(a)of Section 1672 of the Military and Veterans Code (acting or failing to act so as to cause another person’s death), or any other offense which carries a life sentence. (Pen. Code, § 4852.03, (a)(1).)

An additional five years in the case of any person convicted of any offense or attempted offense for which sex offender registration is required pursuant to Penal Code 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2 (possession or distribution of media depicting a minor engaging in sexual conduct), or of Section 311.3 (sexual exploitation of a child), 311.10 (advertising obscene matter depicting a minor engaging in sexual conduct), or 314 (indecent exposure). For those convictions, two years shall be added to the five years imposed by this section. (Pen. Code, § 4852.03, (a)(2).)

FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

An additional two years in the case of any person convicted of committing any offense not listed above and which does not carry a life sentence. (Pen. Code, §4852.03, (a)(3).)

Additionally, the trial court hearing your application for a certificate of rehabilitation may add additional years if you served consecutive sentences. The amount of additional time will not exceed the sum of the maximum penalties for all your crimes. (Pen. Code, § 4852.03, (a)(4).)

Felony Probation

If you were released on felony probation and successfully completed probation, you must obtain relief under Penal Code Section 1203.4 before applying for a Certificate of Rehabilitation.

3.File Your Documents

After completing the Petition for Certificate of Rehabilitation and Pardon, you must file it with the superior court in the county of conviction or in your county of residency. (Pen. Code, § 4852.06.)

You are entitled to be represented by an attorney of your own selection, or by the public defender. (Pen. Code, § 4852.08.)

You are entitled to receive assistance from all rehabilitative agencies including officers from adult probation and parole, and for persons under the age of 30 years, from the Division of Juvenile Facilities. (Pen. Code, § 4852.04)

It is unlawful for anyone, other than an attorney, to accept any fee, money or anything of value for their services in representing you in this proceeding. (Pen. Code, § 4852.2.)

You are not required to pay filing fees of any kind in connection with this proceeding. (Pen. Code, § 4852.09.)

4.Notice of Filing

When the court sets a hearing date on your petition, you are required to give notice of that date at least 30 days before the hearing. You must formally notify the District Attorney for each county in which you have been convicted, the county in which the petition is filed, and the Governor's Office. (Pen. Code, § 4852.07.) For more information on the notice requirements, please reference the

Notice of Filing of Petition for Certificate of Rehabilitation and Pardon.

5.After a Certificate of Rehabilitation is Issued

A certificate of rehabilitation is not an automatic pardon; it is only an automatic application for a pardon. In the event that a certificate of rehabilitation is issued by a court, the certificate of rehabilitation shall be reviewed by the Board of Parole Hearings within one year. Thereafter, the Board shall issue a recommendation as to whether the Governor should pardon that individual. (Pen. Code, § 4852.16, (b).)

FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

Form Characteristics

Fact Name Details
Governing Law This form is governed by Penal Code Sections 4852.01 and 4852.06.
Purpose of Form The Certificate of Rehabilitation serves to demonstrate rehabilitation and request a pardon from the Governor.
Residency Requirement Applicants must have continuously resided in California for at least five years before filing the petition.
Felony Convictions All felony convictions must be listed. Specific rules apply for those with multiple felony convictions.
Eligibility Limitations Individuals convicted of specific sex offenses or serving life parole are ineligible for this certificate.
Filing Process Petitions must be filed in the superior court of the county of conviction or residency, without any filing fees.

Guidelines on Utilizing California Certificate Rehabilitation

Filling out the California Certificate of Rehabilitation form requires attention to detail and accurate information. Each step is crucial, so make sure to gather the necessary details before you start. The process involves submitting personal data, your felony history, and demonstrating your rehabilitation efforts. Following the steps below will guide you through completing the form correctly.

  1. Obtain Your Criminal Records: Start by collecting details about your felony convictions. This includes the date of conviction, specific charges, county of conviction, and your sentence. You can retrieve this information from the court where you were convicted or through the California Department of Justice.
  2. Confirm Your Eligibility: Make sure you meet the eligibility requirements. You cannot apply if you only have misdemeanor convictions (with some noted exceptions) or if you are currently serving mandatory life parole.
  3. Complete the Form: Fill in your full name, date of birth, CII number, and criminal case numbers. List all felony convictions, including the most recent, in the sections provided. Be thorough and accurate.
  4. Provide Residency History: Indicate your continuous residency in California. Mention the dates you have lived in the state and ensure your timeframe meets the five-year minimum required.
  5. Include Your Declaration: Reflect on your rehabilitation, stating how you have adhered to laws and conducted yourself productively. This section is important for demonstrating your growth and compliance.
  6. Submit the Documents: Once you complete the form, file it with the superior court in the county where you were convicted or where you currently reside. There are no filing fees associated with this petition.
  7. Notify Interested Parties: After filing, you must notify the District Attorney and other relevant parties about the hearing date for your petition at least 30 days in advance.
  8. Await Further Steps: Understand that receiving a Certificate of Rehabilitation is not the same as a pardon. If issued, it does not guarantee a pardon but initiates the process for it.

What You Should Know About This Form

What is a California Certificate of Rehabilitation?

A California Certificate of Rehabilitation is a legal document that acknowledges an individual’s rehabilitation following a felony conviction. It allows an individual to demonstrate that they have turned their life around, and it also serves as an application for a pardon from the Governor of California. The certificate can help facilitate employment opportunities and restore rights that may have been lost due to prior convictions.

Who is eligible to apply for a Certificate of Rehabilitation?

Individuals with felony convictions are eligible to apply if they have completed their sentence, including any parole or probation, and have resided continuously in California for at least five years prior to filing the petition. However, those convicted only of misdemeanors, specific sex crimes against minors, or who are currently serving life parole may be ineligible.

How do I obtain my criminal records for the application?

To gather the necessary information for completing the application, individuals should contact the court where they were convicted or obtain their state criminal record from the California Department of Justice. This can be done online through the Office of the Attorney General’s website. It’s important to have detailed information about each felony conviction, including dates and charges, ready for the application.

What is the minimum period of rehabilitation required?

Applicants must have lived in California continuously for five years before filing the petition. The period of rehabilitation begins upon being released from custody or completing parole or probation. Depending on the nature of the felony convictions, additional years may be added to this period.

Can I apply for a Certificate of Rehabilitation if I was on felony probation?

Yes, if an applicant was released on felony probation, it is necessary to successfully complete that probation and obtain relief under Penal Code Section 1203.4 before applying for the Certificate of Rehabilitation. This provides a more comprehensive demonstration of rehabilitation.

What documents do I need to file with my application?

Along with the completed petition for a Certificate of Rehabilitation, applicants need to file their criminal history information, proof of residency, and any additional documentation that supports their case for rehabilitation. This may include personal statements or evidence of community service and employment history.

Is there a fee to file for a Certificate of Rehabilitation?

No, applicants are not required to pay any filing fees associated with the petition for a Certificate of Rehabilitation. This allows individuals to pursue rehabilitation without the additional burden of financial costs.

What happens after I receive a Certificate of Rehabilitation?

Receiving a Certificate of Rehabilitation does not automatically grant a pardon; it is simply the first step in that direction. The Board of Parole Hearings reviews the certificate within one year and makes a recommendation to the Governor regarding the pardon application.

Do I need to notify anyone after filing my application?

Yes, once a hearing date has been set for the petition, the applicant is required to notify the District Attorney of each county related to their convictions, as well as the Governor's Office. This provides all interested parties an opportunity to respond before the hearing takes place.

Common mistakes

Applying for a Certificate of Rehabilitation in California is a significant step toward gaining a second chance. However, many applicants stumble over common mistakes that can hinder their application. Recognizing these points can help ensure that your petition is completed accurately and effectively.

One major pitfall involves incomplete felony history. All felony convictions must be listed comprehensively. Failing to include even one conviction can result in delays or rejections. It’s crucial to provide clear details about each conviction, including the crime, the exact date, and the specific Penal Code section violated. If there are more than three felony convictions, applicants should attach additional sheets rather than attempting to squeeze the information onto one page.

Another frequent mistake is not confirming eligibility before applying. Certain conditions disqualify individuals from receiving a Certificate of Rehabilitation, such as serving mandatory life parole or being convicted of specific sex crimes. Before pouring effort into the application, it’s wise to verify whether your situation meets the eligibility criteria. This saves time and reduces frustration.

Accuracy in the residency history section is essential. Applicants must indicate continuous residency in California, but many overlook the requirement to specify dates properly. If this section lacks clarity, it could create doubts about your eligibility. Be meticulous in documenting your residency timeline, ensuring that it aligns with the minimum rehabilitation period.

Many applicants also fail to obtain their criminal records before filling out the form. Information about felony convictions is necessary to complete the application accurately. Without this foundational knowledge, individuals might either misstate details or omit significant convictions. Securing your criminal record from the California Department of Justice provides a reliable reference point.

Providing a vague applicant's declaration is another common error. This section requires clear demonstrations of rehabilitation and good moral character. Generic statements won’t suffice. Detail your efforts toward rehabilitation, how you've contributed positively to your community, and the positive lifestyle changes you’ve made. Concrete examples carry more weight than broad assertions.

Lastly, many applicants neglect to follow through with the notice of filing requirements. Once a hearing date is set, notifying relevant parties, including the District Attorney and the Governor's Office, is mandatory. Failing to fulfill this requirement can jeopardize the entire application process. Ensuring proper notifications can be the key to progressing smoothly toward the hearing.

Filling out the California Certificate of Rehabilitation form is a detailed process that demands careful attention. By avoiding these common mistakes, applicants can better navigate their way toward reclaiming their rights and rebuilding their lives. Taking the time to understand and address each section thoroughly makes all the difference.

Documents used along the form

Alongside the California Certificate of Rehabilitation form, several other documents may be necessary or beneficial for individuals seeking rehabilitation. Each listed document serves a specific purpose in the application process or in the context of legal records related to the applicant's criminal history.

  • Criminal Record Request: A form used to obtain a copy of one’s criminal history from the California Department of Justice. This document is essential for applicants to gather the required details for the application.
  • Petition for Expungement: A request to the court to remove past criminal convictions from public records. This can help in demonstrating rehabilitation in conjunction with the Certificate of Rehabilitation application.
  • Statement of Rehabilitation: A personal declaration that outlines how the applicant has behaved and improved their life since their last conviction. This statement can provide additional context to the application.
  • Proof of Residency: Documents such as utility bills or lease agreements that verify the applicant’s residency in California, which is necessary for establishing eligibility for the Certificate of Rehabilitation.
  • Character References: Letters from individuals who can attest to the applicant's character and behavior since their convictions. These letters support the applicant’s claim of rehabilitation.
  • Employment Records: Documentation that demonstrates stable employment history, providing further evidence of the applicant’s rehabilitation efforts.
  • Certification of Completion of Rehabilitation Programs: Proof of attendance in programs such as counseling or education that contribute to personal development and indicate a commitment to rehabilitation.
  • Notice of Hearing: A formal notification sent to concerned parties about the time and date of the hearing for the Certificate of Rehabilitation application, ensuring all relevant entities are informed.
  • Petition for Pardon: A separate legal document that may be filed after obtaining the Certificate of Rehabilitation, seeking a full pardon from the Governor of California.
  • Declaration of Good Conduct: A document that outlines the applicant's compliance with all laws and regulations during the rehabilitation period, supporting the case for rehabilitation before the court.

These documents can help streamline the process for individuals seeking rehabilitation in California. Each plays a role in substantiating claims of reform and improving the likelihood of a favorable outcome for the applicant.

Similar forms

The California Certificate of Rehabilitation form serves a crucial role in the rehabilitative process for those with felony convictions. It bears similarities to several other important legal documents. Here are five documents that share comparable features with the California Certificate of Rehabilitation:

  • Plea Agreement: Like the Certificate of Rehabilitation, a plea agreement often involves a negotiation process where the accused agrees to plead guilty in exchange for certain considerations, such as a lighter sentence. Both documents aim to provide a pathway toward rehabilitation or a more positive outcome.
  • Pardon Application: An application for a pardon is directly related to the Certificate of Rehabilitation. While the latter can lead to a recommendation for a pardon, both documents seek to relieve individuals of the consequences of a past crime and restore their rights.
  • Expungement Petition: A petition for expungement is similar in nature. It focuses on legally removing a conviction from a person’s record, akin to the intent behind the Certificate of Rehabilitation, which also seeks to mitigate the negative impacts of past convictions.
  • Application for Sealing Arrest Records: This application aims to seal records of arrests that did not lead to convictions. Both documents contribute to the larger effort of helping individuals move beyond past mistakes, emphasizing their rehabilitation.
  • Certificate of Good Conduct: In some jurisdictions, a Certificate of Good Conduct serves to certify that an individual has reformed and is now a law-abiding citizen. Much like the California Certificate of Rehabilitation, it serves as evidence of rehabilitation and good moral character.

Dos and Don'ts

When filling out the California Certificate of Rehabilitation form, remembering what to do and what to avoid can make the process smoother. Here’s a helpful guide:

  • Gather complete information. Make sure you have the details of all felony convictions, including dates, charges, and sentences.
  • Confirm your eligibility. Ensure you meet the requirements for a certificate of rehabilitation before submitting your application.
  • File your documents in the correct county. Submit the completed form to the superior court where you were convicted or where you currently reside.
  • Provide accurate residency information. Clearly state your continuous residence in California for the required five years prior to filing your petition.
  • Do not leave out any felony convictions. All felony convictions must be disclosed regardless of how long ago they occurred.
  • Avoid incomplete applications. Ensure every section is filled out completely and accurately to prevent delays in processing.

Carefully following these guidelines will help ensure a successful application for a Certificate of Rehabilitation.

Misconceptions

Misperception 1: A Certificate of Rehabilitation guarantees a job or housing.

A Certificate of Rehabilitation does not provide guarantees for employment or housing. While it can improve eligibility for certain opportunities, it is not a legal obligation for employers or landlords to accept it as proof of rehabilitation.

Misperception 2: The application process is immediate.

The process to obtain a Certificate of Rehabilitation takes time. Applicants must fulfill certain conditions, including a minimum residency period in California and various application steps, which all require careful preparation and possible waiting periods.

Misperception 3: Only felons with multiple convictions can apply.

Individuals with a single felony conviction may also apply for a Certificate of Rehabilitation. All felony convictions, regardless of number, can be addressed through this form as long as the person meets the eligibility criteria.

Misperception 4: A Certificate of Rehabilitation automatically leads to a pardon.

A Certificate of Rehabilitation is not an automatic pardon. Instead, it serves as a recommendation for a pardon to the Governor. The Governor has the final decision on whether to grant a pardon.

Misperception 5: A person must have completed parole to apply.

While it is necessary to have completed parole, there are specific conditions that need to be met. The rehabilitation period can begin after any form of custody or supervision is finished, including probation.

Misperception 6: All convictions can be included without restrictions.

Certain convictions, particularly those involving serious sex offenses or violent crimes, may disqualify a person from receiving a Certificate of Rehabilitation. Eligibility criteria are based on the nature of the crime.

Misperception 7: Legal representation is mandatory.

Applicants are not required to have legal representation to submit their application. However, having an attorney can help navigate the complexities of the process and improve the chances of a successful outcome.

Misperception 8: There are filing fees associated with the application.

Applicants are not required to pay any filing fees when submitting the petition for a Certificate of Rehabilitation. This provision allows individuals to seek rehabilitation without financial barriers.

Key takeaways

  • Understand Your Criminal History: Gather complete information on your felony convictions, including dates, charges, and sentences. This detail is essential for accurately filling out your application.
  • Verify Eligibility: Confirm that you meet the eligibility criteria for a Certificate of Rehabilitation. Those convicted solely of misdemeanors are ineligible.
  • Minimum Rehabilitation Period: You must have continuously resided in California for at least five years prior to filing, starting from your release from custody or upon completing parole or probation.
  • Document Filing: File your completed petition with the superior court in the county of your conviction or residency. No filing fees are required.
  • Notice Requirements: After your hearing date is set, notify the District Attorney of each county where you were convicted at least 30 days before the hearing.
  • Representation Rights: You may represent yourself or select an attorney, including using a public defender at no cost.
  • Assistance from Agencies: Seek help from various rehabilitative agencies, particularly for guidance in preparing your application.
  • Acknowledge Limitations: A certificate of rehabilitation does not guarantee a pardon; it is merely an automatic request for a pardon to the Governor.
  • Post-Certificate Process: Once issued, the Board of Parole Hearings will review your certificate within one year to determine whether to recommend a pardon to the Governor.