Certificate Of Rehabilitation – Sierra Law Center, APC
Below, Sierra Law Center, APC, answers common questions about getting a Certificate of Rehabilitation.
Am I eligible for a Certificate of Rehabilitation?
If you suffered a felony conviction and were released from prison in California, you may be eligible for a Certificate of Rehabilitation.
If you have not been in prison since being released, and you present satisfactory evidence of continuous residence in California for three years immediately prior to filing, you can submit a request for a Certificate of Rehabilitation.
Under California Penal Code § 4852.05, you must show that you lived an honest and upright life, that you conducted yourself with sobriety and industry, you shall exhibit a good moral character, and you shall conform to, and obey, the laws of the land.
If you were convicted of a felony and were sentenced to prison on May 13, 1943, or convicted of a felony after that date and committed to prison, institution, or agency, you can file your request for a Certificate of Rehabilitation if you show the following:
- You resided in California continuously, after leaving prison, for five years immediately preceding the filing of a request for a Certificate of Rehabilitation
- You completed the necessary rehabilitation period
- You have lived an honest, upright life, conducted yourself with sobriety and industry, exhibit a good moral character, and conform to, and obey, the laws of the land
I am required to register as a sex offender; am I still eligible?
If you have a prior felony or misdemeanor sex offense listed in Penal Code Section 290, and you were placed on probation, you can file a request for Certificate of Rehabilitation if all the following apply.
- You sought and were granted an expungement pursuant to Penal Code Section 1203.4.
- You have not been in custody in any prison, jail, detention facility, or other penal institution since being granted your expungement under Penal Code Section 1203.4.
- You are not currently on probation for any other felony.
- You can prove that you have lived in California for five continuous years immediately prior to the filing of the Certificate of Rehabilitation.
- You meet the necessary rehabilitation period.
- You lived an honest, upright life, conducted yourself with sobriety and industry, exhibit a good moral character, and conformed to, and obey, the laws of the land.
For what reasons would I be denied?
You will be denied a Certificate of Rehabilitation if:
- You are on active military duty
- You are on mandatory life parole
- You were sentenced to death and are on death row
- You suffered a conviction for one or more of the following offenses:
- Penal Code Section 286, subdivision (c)
- Penal Code Section 288
- Penal Code Section 288a, subdivision (c)
- Penal Code Section 288.5
- Penal Code Section 289, subdivision (j)
What are the required rehabilitation periods?
You can file a Certificate of Rehabilitation after the necessary period of rehabilitation ends. The rehabilitation period starts after you are 1) discharged from custody after completing your term of incarceration, or 2) when released on parole or probation, whichever occurs first.
The period of rehabilitation consists of five years of residence in California plus, a period of time determined by the following rules:
Four years, for a total of nine years, if you were convicted of violating Penal Code Sections 187, 209, 219, 4500, or 18755 of the penal code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or of committing any other offense which carries a life sentence.
Five years, for a total of ten years, if you suffered a conviction for any offense or attempted offense requiring sex offender registration, except for convictions for a violation of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314. For those convictions, two years shall be added to the five years.
Two years, for a total of seven years, if you were convicted of any offense that is not listed above.
If you were discharged after completing your term or were released on parole prior to May 13, 1943, the additional time set forth above do not apply. In these cases, you can file a request for a Certificate of Rehabilitation if you have not been incarcerated in a prison since your release, and if you prove a three-year residency in California immediately prior to the filing of the Certificate of Rehabilitation.
A change of residence within this state does not interrupt the period of rehabilitation.
Will a Certificate of Rehabilitation restore my gun rights?
No. Notwithstanding other methods of restoring gun rights in California a Certificate of Rehabilitation by itself does not restore an individual’s right to own, possess or have custody or control of a gun, parts of a gun, or ammunition.
However, there are other ways to restore gun rights in California. Including, reduction of felony to misdemeanor or a Governor’s Pardon.
Will a Certificate of Rehabilitation terminate my sex offender registration?
Maybe. Penal Code Section 290.5, as paraphrased, states, a person required to register for an offense not listed in paragraph (2) of section 290, upon obtaining a Certificate of Rehabilitation, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.