LOS ANGELES CRIMINAL DEFENSE ATTORNEY Figuring out the best way to clean up past criminal history requires a thorough consultation with an experienced criminal defense attorney. Determining your best course of action depends on what you were convicted of (or possibly arrested or cited for, but not convicted), the sentence served, and your main objectives in obtaining such post-conviction relief. For example, individuals convicted of most misdemeanor offenses will typically seek to get a 1203.4 dismissal, and there may not be much else to do to clean up that record. On the other hand, a person who served a term of felony probation on a "wobbler" offenses can also move the court for an order reducing that conviction to a misdemeanor for all purposes. Unfortunately, for many who either served a prison sentence on a felony charge, or a probation sentence on a permanent felony cannot reduce their felony convictions to a misdemeanor. This leaves a CERTIFICATE OF REHABILITATION - the topic of this article. Learn more about cleaning up your record generally Other related ways of clearing up a criminal record include: Proposition 47 Petitions for Drug Possession and Theft Under $950 Convictions Proposition 64 Petitions for Marijuana Possession, Sales, or Cultivation Convictions Back to the issue at hand, those who have suffered straight felony convictions for crimes like drug sales, drug possession, perjury, insurance fraud, robbery, second degree burglary, and other serious offenses which cannot be reduced to misdemeanors, as well as those who served time in a California State Prison for any felony offense can relieve themselves of being a convicted felon if they obtain a certificate of rehabilitation. What is a CERTIFICATE OF REHABILITATION? A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony is now rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the court and constitutes the application for a pardon. PENAL CODE SECTIONS 4852.01, 4852.21 govern the process of obtaining a Certificate of Rehabilitation, stating “A Certificate of Rehabilitation is a petition requesting that the court declare that a person convicted of a felony which carried a prison sentence is now rehabilitated. A granted Certificate of Rehabilitation is automatically forwarded to the Governor of California as an Application for Pardon. A granted Certificate does not guarantee that a Pardon will be granted.” Who is Eligible for the Certificate of REHABILITATION? The following person are eligible for Certificate of REHABILITATION who have a prior conviction of: In order to apply for a certificate of rehabilitation, at least 7 years (10 years in some cases) must have passed since discharge from parole or completion of sentence, whichever is later, have lived an honest and upright life, and fully complied with all laws, and have been continuously living in California for 5 years. Additionally, a person must have either served a prison sentence, or if the person had served a term of felony probation, must have had the conviction dismissed per 1203.4. This means that those with felony convictions who never went to prison must first apply for a 1203.4 dismissal ("expungement") Persons eligible for a Certificate of Rehabilitation may file a petition with the superior court in Their county of residence once they have completed the period of rehabilitation. The period of Rehabilitation begins to run upon discharge from incarceration or upon release on probation or Parole. The period of rehabilitation requires five years residence in California, PLUS:
A Certificate of Rehabilitation may have all of the following effects:
The petition for Certificate of Rehabilitation must be filed in the superior court of your current county of residence in accordance to (Penal Code section 4852.06). The petition for Certificate of Rehabilitation can usually be obtained from the court clerk, probation department or from an experienced attorney familiar with such petitions. You must notify the district attorney in your county of residence, as well as the district attorney of each county in which you were convicted of a felony. The notice must identify all crimes for which you are requesting a Certificate of Rehabilitation. The forms for sending these notices can also be obtained by the clerk of the court, the probation department or from an experienced attorney familiar with these petitions. Once a petition is filed, the court will schedule a hearing. Before the hearing, the court may Require an investigation by the district attorney. At the hearing, the court may require testimony And records pertaining to the petitioner, including information about the conviction offense and The person’s conduct while incarcerated and since release.
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90017
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