Saturday, February 8, 2014

Certificates of Rehabilitation

California law permits individuals who have been convicted of felonies, no matter how serious, to obtain a Certificate of Rehabilitation subsequent to being released from probation or prison as long as they have been crime-free for the required period of time.  Formerly the required period was five years.  However, under the newly enacted Penal Code 4852.22 the waiting period has been changed to allow a trial court hearing the request to grant a Certificate of Rehabilitation prior to the five year period "in the interests of justice". Obviously a very strong showing must be made to convince a trial judge to truncate the waiting period.

There are a number of reasons for obtaining a Certificate of Rehabilitation.  One important reason is that a pardon from the Governor of California can only be obtained when a Certificate has been granted. Additionally, the Certificate reinstates all civil and political rights that are suspended when an individual has been convicted of a felony, such as voting rights or the ability to obtain a business or professional license. But please note that the Certificate does not reinstate the right to possess a firearm or in most instances to avoid the registration requirements for sex offenders.

As might be expected, obtaining a Certificate of Rehabilitation is best accomplished with the assistance of an experienced criminal defense lawyer.