Certificate Of Rehabilitation

A criminal record can make your life more difficult in California. It may hinder your ability to secure employment, obtain a professional license, rent an apartment, receive student loans, and disqualify you for government programs. Also, a criminal record is usually a public record, and anyone can easily access it.

However, there are ways to obtain post-conviction relief and improve your situation. One of them is to obtain a Certificate of Rehabilitation (COR). However, securing this certificate can be challenging for a layperson. That is why you need help from a lawyer skilled in post-conviction matters.

At Pasadena Criminal Attorney, our lawyers have successfully helped multiple clients obtain their CORs. With our in-depth knowledge of state laws, we can help you file your request more efficiently, increasing the chances of its approval. If you need assistance securing a COR, please contact us today.

Certificate of Rehabilitation Overview

A COR is a post-conviction relief option where a judge determines you have undergone rehabilitation after being convicted. It is an order a court issues stating you have now become obedient to the law. The document conveys to the public that you are an upstanding and honest community member. CORs apply to real convictions, not only arrests, unlike a petition to destroy or seal an arrest record.

A court issues this certificate after attesting to your rehab following a criminal conviction. With this document, the court can reinstate some of your rights. A COR will not seal, expunge, or otherwise erase your record. However, it might be your ideal option if record expungement or other post-conviction relief options are not available.

Under California law, obtaining a COR serves as an automatic governor’s pardon application. The eligibility and process for acquiring a COR are described under PC 4852, Sections .01 to .21.

Eligibility for COR

Under 4582 PC, you qualify for rehabilitation certification in California if the following facts apply:

You have undergone rehabilitation (generally for a minimum number of years) after being released from parole, probation, or custody.
You have lived in the state for not less than five continuous years immediately preceding your application for certification.
No court has sentenced you to serve felony probation
No court has convicted you of a new crime since the dismissal or completion of your last sentence.
You otherwise do not qualify to receive a COR.
At least one of these facts is true for every crime the certificate of rehabilitation applies to:

The court found you criminally liable for a misdemeanor sexual offense listed under 290 PC, and it has expunged the conviction
The court found you criminally liable for a felony offense, imposed a probation sentence, and later expunged the criminal conviction.
You were found criminally liable for a felony and sent to state prison or any other state penal agency or institution.

You do not qualify for a COR if these facts are true:

You perpetrated a federal offense or an offense in another jurisdiction that is not California
You serve in the U.S. military
You have been subject to capital punishment
You have been subject to compulsory life parole
The court found you criminally liable for a misdemeanor crime (besides a sexual offense specified under 290 PC)
You were found criminally liable for any of these sex offenses:

Sodomy by threat or force, or with a minor per PC 286c
Child molestation (lewd acts upon a minor under 14) per PC 288
Oral copulation through threat or force, or orally copulating with a minor per PC 287c
Continuous child sexual abuse per PC 288.5
Forcible child sexual penetration under PC 289J

A court sentenced you for an otherwise qualifying sex offense, and it has determined that you are a continuous threat to children.

If you do not qualify for certification because of a child sexual offense, you might still qualify to receive a governor’s pardon.

When to Request a COR

When petitioning for certification, you must prove that a satisfactory rehabilitation period has passed. By a satisfactory rehab period, it means the following:

You must have lived in California for five continuous years immediately preceding your petition, and
Undergone rehabilitation for 2 to 5 years after being released from parole, probation, or custody. The additional period is based on the offense for which the court convicted you.

Offenses With a Waiting Period of Ten Years

Certain sex offenses require that at least ten years pass before applying for the certificate. The ten-year period comprises five years of California residency and an extra five years of a rehab period. Crimes that require a waiting period of ten years include all sex offenses that mandate sexual offender registration, except:

Certain child porn crimes under 311.2 PC
Child sexual exploitation
Indecent exposure or obscene conduct under PC 314

These three crimes necessitate a 2-year additional rehab period.

Offenses With a Waiting Period of Nine Years

Certain severe felony offenses (besides sex offenses) necessitate a waiting period of at least nine years before petitioning for a certificate of rehabilitation. These nine years comprise five years of residency plus an extra rehab period of four years. Crimes that require a waiting period of nine years include the following:

Murder, PC 187
Aggravated kidnapping, PC 209
Wrecking or derailing a train, PC 219
Assault using force that is likely to inflict significant physical injury, PC 4500
Use of destructive devices or explosives causing substantial bodily injury, mayhem, or death, PC 12310
Acting or neglecting to take action so that you can cause someone else’s death (Military and Veterans Code 1672a)
Any other crime whose punishment is imprisonment for life

Offenses With a Waiting Period of Seven Years

All other crimes necessitate a 7-year rehab period before applying for the certificate. The seven years include five years of California residency plus another two years of rehab.

The clock on the rehab period starts ticking on the exact day you:

Are set free from compulsory supervision
Are set free from community supervision
Complete probation or parole

Remember, the rehab period is usually the minimum time that must have passed before you receive a COR. It is unguaranteed that the judge will grant your petition. Additionally, regardless of the time elapsed, you must have lived in California continuously for the five years immediately before filing your petition.

Judges can issue a COR before the required rehab period has elapsed if doing so serves the interest of justice. This is known as waiving the rehab period and happens in exceptional instances. However, waiving the rehabilitation period is not allowed if the crime necessitates registration as a sexual offender.

The Process of Applying for COR

The COR application process involves completing a form, collecting evidence to support your petition, and a court hearing.

If you qualify for the certificate, you can request it anytime, provided the minimum rehab period has elapsed. Remember, you must have resided in California for at least five years before applying. You can obtain a COR petition from the Superior Court in your county of residence. Accompanying your petition for COR should be this information:

The county where the conviction happened
The precise dates of all convictions
The particular charge or charges the court convicted you of
The type of sentence the court handed down
The date you were set free from incarceration (if applicable)
The date you were discharged from parole or probation

Irrespective of the number of your criminal convictions, you only have to file one petition. You can retrieve a copy of your criminal record via the state Department of Justice (DOJ) or the local court where the conviction or convictions happened. Instructions for acquiring a record via the DOJ can be accessed at the official website of the attorney general’s office. You must pay a fee of $25 to obtain your criminal record through the DOJ.

Filing a COR petition and accompanying documents is free of charge. You also need not pay any court fees to obtain a COR. If you have legal representation from a private lawyer, you will pay them out of your pocket unless they have represented you pro bono.

You need not have attorney representation if you seek to obtain a COR. However, note that the option of whether or not to issue a COR is 100% within the court's discretion. Therefore, it is recommended that an attorney assist you with your petition filing. If you cannot pay for a lawyer, you are entitled to representation by a public defender or adult probation officer.

Also, you are entitled to receive assistance and counsel from rehabilitative agencies, including

The Department of Corrections and Rehabilitation, Division of Juvenile Facilities (if you are below thirty years old)
State parole officers and
The adult county probation officer

Usually, the court in charge will set up a proceeding to assist the judge in deciding whether or not to grant the COR. If the judge opts to schedule a court hearing, they will notify the following parties:

The D.A. of every county where your conviction happened
The office of the governor

These parties might or might not opt to challenge the issuance of COR. An attorney may represent you at this proceeding. During the proceeding, your lawyer or you will submit evidence supporting the issuance of a COR. In most cases, the court will require our physical appearance at the hearing. If you have a lawyer representing you, they can try meeting with the D.A. before the court hearing to rally their support. The prosecuting agency’s support is material to persuading the court judge to decide in your favor.

Factors To Be Considered By The Judge

The court will consider any applicable evidence when determining whether or not to issue a COR. The pieces of evidence you may want to present before the court can include the following:

Evidence that you have secured employment or gone back to school
Education and work history
Evidence of volunteer activities
Character recommendation letters from employers, family, friends, prison psychologists, teachers, coworkers, and others
Evidence of active involvement in your children's lives
Evidence that you have undergone domestic, alcohol, or drug abuse counseling
Evidence of participating in community affairs and events
Evidence of residence
Evidence of having no recent arrest record
A statement explaining why you seek the COR
Any other evidence that would assist in establishing your rehabilitation, eligibility, and good character

The judge will also consider

Your criminal record, including the severity and facts of the offense.
The record of the trial or court proceedings
The period that has elapsed since you finished serving your parole or probation sentence
Your prison history
Community and family ties
Any arguments the district attorney has presented

The entire process of acquiring a COR takes between two and six months, from initiation to completion. Generally, it takes approximately one hundred and twenty days from filing your request to the day the hearing occurs. This period varies from one county to another. A skilled criminal attorney can assist you in determining how long the processing of your applications will take.

What is Next After the Judge Grants Your Petition?

When the judge grants your COR request, they will forward a copy of the COR to various parties, including the following:

The parole board
The office of the governor
The state DOJ
If you have faced more than one felony conviction, they would send it to the Supreme Court of California.

A COR does not erase or expunge a criminal record. However, once the judge has granted it, the DOJ will send a copy to the FBI. Then, your record of criminal activity will show that a COR was granted in relation to the specified crime or crimes.

If the judge denies your request for the certificate, you can file an appeal. Unlike petition filing, you must pay a fee when filing an appeal. Because agreeing to a COR petition is entirely within the judge's discretion, appeals often fail. Thus, an ideal move is often to wait and petition again later.

Note that a COR will not stop an offense from being a deportable crime for immigrants. That means if you are an immigrant, you can still be deported even when you have a COR. However, obtaining this certificate is the initial step towards obtaining a pardon from the governor, which usually prevents removal (unless the immigrant was convicted of a narcotics offense).

COR As Automatic Governor’s Pardon Application

When a judge grants a COR, it automatically is a request for a governor’s pardon. You need not take any further action. A pardon from the governor can come with several additional advantages. These include the restoration of gun rights and the prevention of deportation for immigrants.

Remember, the governor might not pardon you if you face convictions of more than one felony unless a majority of the judges of the Supreme Court recommend it.

The Office of the Governor might or might not seek more details from the board of parole or you. The governor of California is not lawfully mandated to request any such information or pardon applicants.

After sentencing, only convicted persons who have shown excellent conduct can qualify for a governor's pardon. The pardon has restrictions, although it can delete your past criminal record. For example, a pardon from the governor is only an option for convictions within California. Misdemeanor or felony convictions outside of California are non-pardonable.

Exemplary behavior shows that you have successfully served the sentence or penalty. Reintegrating into society and maintaining peace for up to ten years may qualify you for a pardon. Pursuing and maintaining legal work could also show your qualification for a pardon.

Benefits of Obtaining COR

A COR offers similar benefits to those a governor’s pardon offers, though not all. It serves as an automatic governor’s pardon application and is the sole way to acquire it. A COR also offers other benefits, including the following:

The authorities may relieve you of your obligation to comply with the sexual offender registration requirement. A COR relieves you from the requirement to abide by the sexual offender registration duty, provided you are not on probation, parole, or in custody, and the crime is one of those listed under PC 290, except the following:

Molesting or annoying a child
Sexual conduct with a minor under ten
Continuous child sexual abuse
Oral copulation with a minor or by force
Lewd acts with a minor
Felony sodomy with a minor or by force
Sexually assaulting a minor
Child human trafficking
Felony pandering or pimping
Felony sexual assault or rape
Felony sexual battery
Assault intending to perpetrate a sexual offense
Kidnapping perpetrated intending to commit sexual penetration with an object, sodomy, oral copulation, lew acts upon a minor, or rape

The sole way you can stop registering as a sexual offender after committing any of the crimes above is by acquiring a full California governor’s pardon.

There will be fewer hurdles to securing a professional license. State licensing bodies might not deny you a professional license based only on your conviction if you received certification for rehabilitation for the crime.
Better chances of securing employment. Per California law, it is against the law for any employer with five or more workers to decline hiring someone due to their criminal conviction if they have been granted a COR. That said, finding a job should also not be difficult.
Restoration of your civil rights, except your 2nd Amendment rights regarding firearms

Find an Attorney Experienced in Post-Conviction Matters Near Me

A COR can assist you in restoring your life after you have served your sentence and successfully reintegrated into society. If you need help applying for one, we at Pasadena Criminal Attorney will be pleased to provide it. We understand all the challenges ex-convicts face when trying to fit into society again after serving time. Thus, we are ready to offer legal counsel on the viable options to obtain relief from any arrest or conviction records you might have. Contact us at 626-689-2277 to learn more about certificates of rehabilitation or ask questions about your eligibility for post-conviction relief.

Certificate Of Rehabilitation