Let’s face it. If you have convictions on your criminal record, it REALLY does stay with you for the rest of your life like everyone says it does. Not only does it stay on your record, but some convictions put restrictions on your daily life. Who wants that? This is a major reason why people will file a petition to expunge their convictions. But this only works for misdemeanor offenses (excluding sex offenses). So what if you were convicted of a felony and served time in CA state prison? What can you do in lieu of filing for expungement? Most people obtain a “Certificate of Rehabilitation” so that they can file a petition for “pardon”. Both are used to restore some of the ex-felon’s rights upon the ability to prove that they have demonstrated exemplary behavior. Let’s get a little deeper in detail…
Unlike expunging your record, pardon will not erase anything off your record. In fact, even after your pardon is granted, both the conviction and pardon will show up on any criminal history reports. However, what it does do is restore some of the citizenship rights you lost, as well as removes of some of the restrictions one might have due to the felony they possess on their record.
HOW IT WORKS
Once someone is released from prison, they start rehabilitation. A Certificate of Rehabilitation is a court order declaring that someone who was once incarcerated is now rehabilitated. This person needs to have resided in California immediately upon release for 5 years in order to be eligible for a Certificate of Rehabilitation (longer under certain circumstances). Additionally, they will need to prove that they have stayed out of trouble. More importantly, they must have not been incarcerated after their initial release. One can obtain an application from the court clerk, probation department, or the public defender’s office.
Once the Certificate has been granted, the Superior court will then forward this document to the Governor and it will automatically serve as the application for pardon. If the applicant has been convicted of more than one felony, the California Supreme court must first recommend granting of the pardon before it is sent to the Governor for granting. Just because someone has this certificate, it does not guarantee that a pardon will be granted. The Governor’s office generally sends the request to the Board of Parole Hearings. The Board may conduct an investigation and contact the District Attorney or any other agency that will have relevant information.
Keep in mind that people who have been convicted of certain offenses under the Penal Code will not be able to obtain a Certificate of Rehabilitation (visit sdcourt.ca.gov for a full list of restrictions). Individuals that are ineligible to retain a Certificate of Rehabilitation may petition for a “Traditional Pardon”. People convicted of most sex offenses will have to undergo different procedures. Ask your attorney what you will have to do.
Ex-Felons do not have to initially apply for a Certificate of Rehabilitation if they do not want to. One can apply directly for pardon. However, keep in mind that a Certificate of Rehabilitation is issued by the Superior Court and is a big deal! It is a hard copy that proves that you are indeed thriving.
If granted, the Certificate of Rehabilitation and pardon will restore some rights including:
- The right to bear firearms (unless convicted of a felony involving the use of a dangerous weapon)
- The right to serve on a jury trial
- The right to be considered for employment as a county probation officer or a state parole officer (not to any other peace officer positions)
- Relieves some sex offenders from duty to register (with unconditional pardon)
If you are interested in petitioning for pardon and getting back some of your rights, know that you can. When doing so, it all comes down to how well you can prove that you have demonstrated good behavior since release from prison. Although you can use a public defender, you want to make sure that the person fighting for you has enough time to do just that! The good news is that you are allowed to appoint your own attorney.
For complete instructions and restrictions, visit sdcourt.ca.gov
