Applying for a Certificate of Rehabilitation

Experienced California Post-Conviction Attorneys

If you have previously been convicted of a crime, a Certificate of Rehabilitation can restore certain rights of citizenship that you lost as a result of your conviction. It can also serve as an official declaration that you have been rehabilitated and are now a law-abiding citizen. What rights a Certificate can restore and the process for obtaining one are all something our criminal defense lawyers at Second Chances Law Group can explain to you in detail.

Eligibility for a Certificate of Rehabilitation & the Application Process

If you meet the eligibility requirements to apply for a Certificate of Rehabilitation, then you can begin application process with the help of a certificate of rehabilitation attorney. The first step involves filing an application with specific forms and reference letters in support of your case.

When the petition is filed, you must notify certain parties of the petition at least 30 days prior to the date set for such hearing (this includes the governor's office, the DA in the county in which the petition is filed, and the DA of each county in which you were convicted), and then a hearing will be set.

You may be eligible for a Certificate of Rehabilitation if you were either:

• Convicted of a felony and were incarcerated and then released on completion of your term or on parole; or
• Convicted of a felony or a misdemeanor sex crime for which sex offender registration is required and for which you have obtained an expungement; and
• You have not been incarcerated or on parole since the time of your release or since the time of your expungement, whichever is applicable; and
• You have been a California resident for at least five years prior to your application.

However, if you either no longer reside in California, or if you were convicted of certain felony violations, you will be ineligible for a Certificate of Rehabilitation.

The felonies/types of offenses that are not eligible for Certificates of Rehabilitation include:

• Certain sex crimes, including:
  • Aggravated sexual assault of a child
  • Sodomy with a minor
  • Lewd acts with a minor
  • Oral copulation with a minor
  • Continuous sexual abuse of a child
  • Sexual intercourse/sodomy with a child
  • Forcible acts of sexual penetration with a child
• Any misdemeanor for which sex offender registration is not required
• Any offense for which you are serving a mandatory life parole
• Any offense for which you were sentenced to death
• If you are in the military service