Certificate of Rehabilitation and Pardon Eligibility Checklist

HOW DO I DETERMINE IF I AM ELIGIBLE FOR RELIEF UNDER CALIFORNIA LAW?

You may be eligible to petition the court for a Certificate of Rehabilitation if you have successfully completed the requirements of California Penal Code section 4852.

  • Were you convicted of a felony and sentenced to a California state prison?
  • Were discharged upon completion of the term and parole supervision?
  • Has it been more than seven years since you were released from prison?
  • Have you been living in the state of California for the past 5 years?
  • Have you committed any new criminal conduct since your release from prison?
  • Are you currently charged with committing any offense?

If you answered the first four questions YES, and the following two questions NO, you may be eligible to seek Certificate of Rehabilitation and Pardon relief.

ARE THERE ANY VIOLATIONS THAT ARE NOT ELIGIBLE FOR CALIFORNIA EXPUNGEMENT RELIEF?

Pursuant to California Penal Code section 4852.01 through 4852.21, defendants are ineligible to seek California Certificate of Rehabilitation and Pardon relief if:

  • They fail to meet the above requirements
  • They were only convicted of misdemeanor sex offenses that have not been expunged under California Penal Code section 1203.4
  • They were convicted of any of the following non expungeable offenses:
  • PC 286(c) (Sex Offenses)
  • PC 288a(c)
  • PC 288
  • Pc 288.5
  • PC 289(j)
  • Serving Mandatory Life Parole or incarcerated serving a sentence of death
  • Those persons in the military service

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