Attorney Michael Rehm - (800) 978-0754
CERTIFICATE OF REHABILITATION AND PARDONS
CERTIFICATE OF REHABILITATION:
A certificate of rehabilitation is in essence a recommendation from the court who issued it, that the individual be granted a pardon by the Governor. Once a certificate of rehabilitation is issued, it is automatically forwarded to the Governor as an application for a Pardon, with a recommendation to do just that. Other than this step, the effect of a Certificate of Rehabilitation is too simply have more evidence that you are an upstanding citizen. There have been specific occurrences where it has been shown to be helpful. For instance, In re Esperanza C. (2008) 165 CA4th 1042, the county agency considered the Certificate of Rehabilitation in deciding whether to grant the criminal-record exemption in placing the dependent child with relatives.
In order to eligible for the Certificate it depends on the original sentence.
Defendant was convicted of felony and has been discharged from custody after completion of the term sentenced to:
-- Individual must not have been incarcerated in any other state penal institution since release.
-- Must have been a resident of California for the three years preceding the application for the Certificate.
Defendant was convicted of felony/misdemeanor and placed on probation:
-- Matter must have been expunged under Penal Code 1203.4
-- Not incarcerated in another state penal institution or detention facility
-- Not currently on probation
-- Must have been a resident for the five years preceding the application for the certificate.
The law can be relatively complex when dealing with Certificates of Rehabilitation and Pardons. Procedure is extremely important. For more information on how the law applies to the facts of your situation, contact Attorney Michael Rehm for a free consultation.