Certificate of Rehabilitation

A certificate of rehabilitation is a court-issued order declaring that a person is rehabilitated after a specific misdemeanor or felony conviction. It is a significant declaration, as it helps an ex-convict overcome particular challenges that arise after a criminal conviction, including finding suitable employment, housing, and obtaining professional licenses. The declaration demonstrates that the person bearing it possesses good character, is reliable, and has been successfully reintegrated into their community, making them a suitable candidate for consideration. However, this court order works very differently from expungement. Additionally, it does not restore all lost rights after a conviction, including the right to possess firearms.

It is helpful to understand the benefits of obtaining a certificate of rehabilitation after completing rehabilitation following a criminal conviction in Palm Desert. Our competent criminal lawyers at Desert Defense Lawyers can assist you through the application process.

Understanding Certificate of Rehabilitation

When you commit a crime, you may decide to turn your life around after serving your sentence. However, some consequences of a criminal conviction follow you for life, making it difficult for people to trust you with jobs, children, and other critical responsibilities. Sometimes, landlords are skeptical of renting to individuals with serious criminal backgrounds, regardless of the changes they have made after their conviction. Some criminal convictions can also affect your ability to obtain a professional license, irrespective of your training and experience. These limitations affect you and the people who depend on you. However, a certificate of rehabilitation can change your situation.

A certificate of rehabilitation is issued as post-conviction relief by a criminal court to help an ex-convict who has been fully rehabilitated and is ready to start life anew. A judge issues this declaration after ascertaining that the applicant is fully rehabilitated, or has changed their attitude, behavior, and thoughts after a criminal conviction. In this case, you have to provide evidence of rehabilitation and a statement explaining some of the limitations you want to overcome after a conviction. If you convince the court of your change, the judge can grant your request. If the court grants your petition, it automatically means that the state governor has pardoned you.

There are several benefits you get from a certificate of rehabilitation, or a governor’s pardon. Typically, the certificate eliminates some of the limitations and negative implications of a criminal conviction. If you find difficulties finding a job after a conviction, you have better chances of finding employment after obtaining the certificate. You will also experience minimal obstacles when applying for a professional license. In some cases, you could be freed from the mandatory registration in the sex offender registry, which is a requirement after a conviction for some sex crimes.

However, not everyone who has been convicted of a serious misdemeanor or felony qualifies for a certificate of rehabilitation. You must meet the set criteria to apply. Additionally, the court must review your application and the attached evidence to determine whether to grant or deny the petition. Generally, you can apply if you were convicted of a felony and have served your sentence in a state agency penal institution, like a prison. If you were sentenced to probation, you can apply for a certificate of rehabilitation after completing probation and having your record expunged.

On the other hand, if you were convicted of any of the misdemeanor sex crimes listed under POC 290, there should be proof that you completed your sentence, and the conviction record is expunged. These are just some of the requirements to apply for a certificate of rehabilitation. Working with a skilled criminal defense lawyer is advisable, as they can ensure you meet the requirements. They will also help you navigate all the complex processes until you obtain the certificate. A lawyer will advocate for your best interests in court and defend your rights against violation. This increases your chances of obtaining a favorable outcome.

Reasons to Apply For a Certificate of Rehabilitation

A certificate of rehabilitation lifts some of the prohibitions or limitations of a criminal conviction. Here are some of the reasons you should consider applying for one:

For Automatic Petition for Governor’s Pardon

Applying for a certificate of rehabilitation brings you closer to a governor’s pardon. If the court grants your petition, this automatically serves as a petition to the Governor’s pardon. A governor’s pardon is critical as it restores some of your lost civil rights, such as gun rights, and removes obstacles to jobs, professional licenses, and jury service. It also offers greater relief for immigrants facing deportation for crimes that have serious immigration consequences. A governor’s pardon can also end your requirement to register in the sex offender registry. Thus, it serves as formal recognition that you have genuinely been rehabilitated after a felony conviction.

For Ease of Access to Business or Professional Licenses

A felony conviction and some misdemeanor convictions affect your eligibility for business and professional licenses. Some professional licenses, like those in the healthcare sector, can be challenging to obtain when you have a damaging criminal record. This is because they damage your credibility, which is essential in most professions. A certificate of rehabilitation, which is proof that you are rehabilitated and ready to start a crime-free life, gives you another chance to try for a professional or business license. Your chances of approval after applying for a license are higher when you have proof of rehabilitation.

For Relief from Sex Offender Registration

The sex offender registry is designed for convicted sex offenders. It is publicly available to warn the public about the existence and location of a sex offender, and it also helps the police track registered sex offenders living within a particular jurisdiction. If you were convicted of a sex crime that carried the requirement to register in the sex offender registry, you are expected to register for the required period, from ten years to life. The exact timeline depends on the nature and seriousness of the sex crime you were convicted of.

In some cases, a successful application for a certificate of rehabilitation may give you relief from registering in the sex offender registry. However, this depends on the type of sex crime you were convicted of and how long you were required to remain in the registry.

To Easily Apply for Housing or Employment

Landlords and employers almost always conduct background checks for people applying for housing and employment, respectively. Their findings can influence their decisions, putting you at risk of not getting a job or a house you qualify for because of your criminal background. A certificate of rehabilitation can help if you face challenges finding a house to rent or a job after completing your sentence. It proves that you have been rehabilitated and are deserving of a second chance. This may cause a potential landlord or employer to consider your application favorably.

For Official Acknowledgement of Change

Changing your attitude, character, and thoughts is not enough to influence how people treat you as an ex-convict. In most cases, people treat convicted felons suspiciously, even after demonstrating a change in their behavior. If the conviction has significantly impacted your social life, a certificate of rehabilitation can be beneficial. Remember that this is a court declaration stating that you are fully rehabilitated, of good character, and reliable. It may influence how people around you treat you, giving you a chance to prove yourself or rebuild your life.

Eligibility for Certificate of Rehabilitation

Not everyone convicted of a misdemeanor or felony is eligible for a certificate of rehabilitation. You must meet the court's requirements to grant your request. Here are specific requirements you must meet before filing your petition with the court, as under PC 4582:

You Should Not Have a New Criminal Conviction or Sentence on Your Record

When applying for a certificate of rehabilitation, it must be after a specific conviction has been served. The requirement is that there should be no new arrests, convictions, or sentences after that particular conviction. You should not be serving another sentence, completing probation for another felony, or have another felony conviction when applying for the certificate. The court will not grant your petition if you committed another crime after the one for which you are applying for a certificate of rehabilitation.

You Must Be a Resident of California

The law is evident that only eligible California residents can be issued a certificate of rehabilitation. This means that you must have lived in the state for at least five continuous years before applying for the certificate. Also, the application should be one while you are still considered a resident.

There Should Be Proof of Rehabilitation

You must have made efforts toward rehabilitation to change your behavior, attitude, or thinking to achieve a fresh start. The law explicitly gives a minimum number of years after which you can file your application for a specific crime. The timeline begins after completing your sentence, whether prison or probation, or after parole.

Additionally, your application should be for at least one of the following offenses:

• A conviction for a felony for which you were sentenced to prison, or any other state penal agency or institution

• A conviction for a felony for which you were sentenced to probation, and the court expunged the conviction record after completing your probation.

• A misdemeanor conviction for a sex-related offense listed under PC 290, which the court expunged after completing your sentence.

Reasons You Will Not Qualify

Keep in mind that California courts do not issue certificates of rehabilitation to every ex-convict. You must meet specific criteria for the court to grant your request. Here are some of the reasons the court may not grant your petition:

• The conviction was for a misdemeanor offense, and not a sex offense listed under PC 290. Only convictions for misdemeanor sex offenses listed under PC 290 qualify for a certificate of rehabilitation.

• You are on parole, but it is a mandatory life parole

• You received a death sentence upon conviction

• You are an ex-convicted military man

• The conviction for which you need a certificate of rehabilitation is a federal crime

• The conviction happened in another state, not California

• The conviction was of a sex crime under OC 290, but the court has determined that you are an ongoing threat to children

• The conviction was for any of the following sex crimes:

1. Sodomy by threats or force, or sodomy of a minor under PC 286(c)

2. Lewd or lascivious acts with a minor under 14, or child molestation under PC 288

3. Oral copulation with a minor by threats of force under PC 287(c)

4. Continuous sex abuse of a minor under PC 288.5

5. Forcible sexual penetration of a minor under PC 289(j)

Note: Although you may be ineligible for a certificate of rehabilitation after a conviction for a sex crime against a minor, you may be eligible for a governor’s pardon. A competent criminal lawyer can help you determine your eligibility and guide you through the application process.

When To Apply for a Certificate of Rehabilitation

You should apply for a certificate of rehabilitation once you have demonstrated a substantial period of rehabilitation. A few months or years after a conviction are not enough to become fully rehabilitated. The timeline required under the law mainly depends on the underlying crime. A satisfactory rehabilitation period is based on the following circumstances:

• Being a Californian resident for at least five continuous years immediately before filing your application, plus

• Two to five more years, depending on the conviction for which you are making the application

Remember that this timeline is calculated from the time you complete probation, or parole, or are released from prison for community supervision or mandatory supervision. Additionally, the required period is typically the minimum time that must pass before you qualify for a certificate of rehabilitation.

Note:

1. There is usually no guarantee that the court will grant your petition.

2. Regardless of how much time has passed after completing your sentence, you must prove that you have been a California resident for at least five years before the application date.

Some crimes have a waiting period of nine years. They include the following:

• Murder

• Aggravated kidnapping

• Wrecking or derailing a train

• Assault through force, and likely to cause significant injury

• Causing death, significant injury, or mayhem through explosives or other destructive devices

• Crimes that carry life sentences

Some crimes have a waiting period of ten years, including the following:

• Some child pornography crimes under PC 311.2

• Sexual exploitation of a minor

• Indecent exposure or obscene conduct under PC 314

All other qualifying crimes have a seven-year waiting period. This includes five years of mandatory residency and an additional two years of rehabilitation.

The judge can waive the rehabilitation period in exceptional circumstances. For example, if there is proof that your application serves the interests of justice.

The Application Process

If you meet the qualifying criteria, a competent lawyer can help you navigate the application process. Having a lawyer by your side makes the process smooth. A lawyer also ensures you get the application right to increase your chances of obtaining a favorable response from the court.

The lawyer will assist you in filling out and filing a petition with the court. They will obtain a petition from the Superior Court in your county on your behalf and fill it in with the required information.

Additionally, they will obtain a copy of your criminal history, which you must file together with the petition. From your criminal history, the judge will find the following helpful information:

• The date every conviction on your record happened

• The state or county where the convictions happened

• The charges for which you were convicted

• The sentence you received each time you were convicted

• The date you completed your sentence or were released from prison or jail

• The date you completed your parole or probation

If you need a certificate of rehabilitation for all convictions on your criminal record, a single petition will suffice.

U can get a copy of your conviction record from the court where you were convicted, or through the Department of Justice. A fee of $25 applies if you obtain your criminal history from the DOJ.

Note:

1. Applying for a certificate of rehabilitation does not cost anything; you will not incur any court charges or filing fees.

2. You can go through the process without a lawyer. However, having a lawyer is encouraged to increase your chances of receiving a favorable response from the court. If you hire a private lawyer, you will incur a legal fee.

Find a Skilled Criminal Defense Lawyer Near Me

A criminal conviction results in a damaging criminal record that can affect various aspects of your life for years. However, you can reduce this impact by applying for a certificate of rehabilitation. Being a court’s declaration that you are fully rehabilitated, it can change how you are treated by people around you, the police, potential employers, and landlords.

At Desert Defense Lawyers, we can ensure you understand the benefits and the application process of a certificate of rehabilitation to minimize the effects of a conviction in Palm Desert. Our skilled lawyers have handled various post-conviction matters and can help you determine your eligibility, understand your rights, and navigate the application process. We can also represent your interests in all hearings to increase your chances of achieving a fair and reasonable outcome. Call us at 888-293-0396 to discuss your situation and our services further.