Certificate of Rehabilitation - California - Felonies and Expungement Related
Certificate of Rehabilitation - California - Felonies and Expungement Related
Certificate of Rehabilitation A certificate of rehabilitation is an option for some felons to have a California Superior Court issue an order stating that she/he is now rehabilitated. If the court grants the petition the certificate will be forwarded to the Governor's office to recommend a pardon. Pardons are rarely ever granted.
The benefits of obtaining a certificate of rehabilitation for the individual who was granted the certificate are that she/he may obtain state issued business or practice licenses (e.g., bar license, insurance broker, or real estate broker, etc) and the certificate precludes impeachment of the individual because of past convictions.
The benefits of obtaining a pardon are restoration of lawful gun ownership, restoration of an ex-felon's right to serve on a jury and prevent deportation of a person convicted of a crime involving moral turpitude, aggravated felonies and multiple convictions.
However, a pardon will not erase the record of conviction. In order to obtain a certificate of rehabilitation it is best to hire a qualified criminal defense attorney and preferably a criminal defense attorney who has been recognized by the California State Bar as a criminal law specialist. Requirements: Obtaining a certificate of rehabilitation requires a carefully drafted petition.
Once the petition is prepared it must be filed with the superior court in the county where the petitioner resides. A petitioner is the individual who is seeking to obtain the certificate of rehabilitation. The judge hearing the petition has sole discretion over granting or denying the petition, but he will be advised by prosecutors having an interest in the case. In order to be eligible at least five years must have passed after the petitioner was released from custody, parole, or probation, whichever comes first.
Depending on the offense a petitioner may be required to wait for an additional period of two, four, or five years. In most cases you must wait seven years before qualifying for a certificate of rehabilitation and in serious, or sex offense convictions you may have to wait nine or ten years before being able to obtain a certificate of rehabilitation.
Another requirement is that the petitioner must reside in California for a continuous period of three years immediately prior to the filing of the petition. A petitioner wishing to obtain a certificate of rehabilitation must have first resided in California for five, seven, nine or ten years, depending on their offense and he must have resided in California for past three years.
For example, if petitioner, John Doe has allowed twenty years to elapse since he was released from custody, parole or probation, but he moved to Arizona five years ago, he must return to California and live in the state for three consecutive years (72 months) before qualifying to file the petition.
The petitioner need not reside at the same address or in the same county as long as he resided within California for those three years. Remember that the petition must be filed in the county where the petitioner currently reside, which means that an-out-state individual may not obtain a certificate of rehabilitation before presently residing in California for at least three years.
Criminal defense attorneys and Immigration attorneys feel that the three year consecutive residential requirement is particularly unjust to individuals who moved to another state for work or to individuals who were removed or deported to their native countries. The requirement physically prevents these individuals from obtaining a certificate of rehabilitation.
Once the petition has been filed NOTICE must be given to (i) the office of the Governor and to (ii) the district attorney in the county in which the petition was filed and to (iii) all district attorneys in which the petitioner was (a) convicted of a felony or (b) any county where he obtained an expungement for a non-felony crime. Notice must be given at least 30 days before the date set for the hearing.
The district attorney where the petition was filed will investigate and they often require additional time to complete a report that will subsequently be submitted to the court as a recommendation to grant, or deny the request. The petitioner should gather as many character reference letters from employers, family and friends in the community to support his/her petition for a certificate of rehabilitation.
If you were convicted of a sex offense there are additional requirements to obtain a certificate of rehabilitation and you should consult our law firm (or a qualified criminal defense specialist) to help you with this petition since these types of crimes have particular and complex requirements depending on the type of conviction.
Written By: Christopher F. Morales
Chris Morales is a Board Certified Specialist in Criminal Law. This means that he has been evaluated by the State Bar of California who have interviewed Judges, Prosecutors and other attorneys about his work. This evaluation determined that he is the Best of the Best. Mr. Morales has also received the highest rating from Avvo.com, the Better Business Bureau and has a Triple A rating from Attorney Search Network.
He has been practicing Criminal Defense for 20 years in the San Francisco Bay Area. He handles all Federal and State Criminal Cases including:DUI, Thefts, Drugs, White Collar Crimes, Sex Offenses and Murder cases. He has won the respect of attorneys and judges alike for his tenacious and intelligent defense of his clients.
Can My House Be Seized If My Child Is Caught With Drugs?
Wondering whether your home can be searched if your child is found with the possession of drugs? The answer is NO! Unless the police have your consent, a valid warrant, or exigent circumstances they will not be able to enter your household. It is important to protect your rights, and get all of the information before you turn your house over to investigation. A criminal defense attorney will explain clearly what your rights are, and should be called with any and all questions concerning your children and the possession of drugs.
Illegal Search:
If the police have searched your home or property, you need to speak with a criminal defense attorney who will help you to understand what your rights are and review potential charges. Remember, just because a child was found possessing drugs it does not necessarily give the police permission to search your home.
If you were not present when the search took place and someone who did not have authority allowed the officers to enter your home, there is a good chance that you may have a civil rights claim. There may also be grounds to suppress evidence that was obtained during the illegal search. The only way you can be sure is to talk to a criminal defense attorney who focuses specifically on this type of law and has an extensive knowledge of the subject and can fight for your rights.
Intent to Sell:
If your child is charged with possession to sell this is a serious offense. There is a legal limit set that determines the amount of drugs that will be considered a "possession for sale". If the amount someone is caught with crosses this threshold set by the state there is a great chance that they will be charged for intent to sell. However, even if a smaller amount is found there are a few circumstances that may still cause a person to be charged with possession for sale.
For example if a smaller amount is seized and the person openly admits to their intent to sell, or if there is a lot of indicia of sale then the person may still face the higher charge. The MVD will not generally suspend your license for a simple possession charge, however they do have a broad discretion of over your drivers' license, so each case is different.
If you are convicted of possession for sale you will pay either a mandatory fine or 3 times the value of the drugs that were seized, whichever is greater. To avoid excessive charges, fines, and complications, your best source of help is a trusted criminal defense attorney.
Jeremy Geigle is a criminal defense attorney in Mesa Arizona who has successfully defended individuals charged with a variety of offenses. Jeremy prides himself on offering quality representation for juveniles charged with criminal offenses, DUI victims, expungement cases and many other criminal offenses.
