A Certificate of Rehabilitation is a court order that declares a person who has been convicted of a felony is rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the state’s governor by the granting court and constitutes an application for a pardon.
There are certain requirements which must be fulfilled. Fore example, the applicant must be a California resident for at least three years before filing a petition. A period of rehabilitation is required before filing, during which the person must lead an honest life and be free from convictions. The amount of time varies, depending upon the underlying criminal conviction.
Certificates of Rehabilitation are first sought from the trial court. If a certificate is issued, the trial court recommends the governor grant a pardon. The governor has the discretion to grant or deny a pardon. The pardon may be granted without further investigation; a person twice convicted of felonies must also have the recommendation of a majority of the state’s Supreme Court.
The underlying charges do not need to be dismissed before seeking a Certificate of Rehabilitation, so long as the person served a prison sentence. If probation was imposed instead of a prison sentence, dismissal must first be obtained, and the defendant must be free from felony probation.
If you are interested in filing a Certificate of Rehabilitation or pardon, contact the Law Office of Isaac Blumberg today!