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Certificate of Rehabilitation 2018-01-13T21:38:01+00:00

Certificate of Rehabilitation Lawyer

The time has come. You served out your sentence, and you want to know what comes next. The Certificate of Rehabilitation is an essential step in the record clearing process. Once completed, for all intents and purposes, it proclaims you to be a reputable citizen. As stated in California Penal Code 4852.05 – Conduct for a Certificate of Rehabilitation. “The person shall live an honest and upright life, shall conduct  himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land.” The Rehabilitation Certificate is not just limited to arrests, but relates directly to criminal convictions as well.

There are many benefits in applying and receiving a Certificate of Rehabilitation.

State Licensing Boards are prohibited from automatically rejecting you a license. As stated in California Business and Professions Code 480 PC — Acts disqualifying applicant.  (“(b) Notwithstanding any other provision of this code, no person shall be denied a license solely on the basis that he or she has been convicted of a felony if he or she has obtained a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3 of the Penal Code or that he or she has been convicted of a misdemeanor if he or she has met all applicable requirements of the criteria of rehabilitation developed by the board to evaluate the rehabilitation of a person when considering the denial of a license under subdivision (a) of Section 482.”)

Specific sex offenders are dismissed from their obligations to register as a sex offender under the Certificate of Rehabilitation. This specifically refers to California Penal Code 290.5 PC — Pardon or California certificate of rehabilitation; relief from duty to register.  (“(a)(1) A person required to register under Section 290 for an offense not listed in paragraph (2), upon obtaining a certificate of rehabilitation under Chapter 3.5 (commencing with Section 4852.01) of Title 6 of Part 3, shall be relieved of any further duty to register under Section 290 if he or she is not in custody, on parole, or on probation.”)

This certificate also replaces the need to apply for a Governor’s Pardon, as it inclusive to the certificate.

Can you apply for a Certificate of Rehabilitation?

The following are a list of criteria for eligibility towards a Certificate of Rehabilitation:

(All conditions MUST be met)

  1. If you have been convicted of a felony and sent to California State Prison.
  2. If you have been freed from custody, parole or probation and have maintained a status void of incarceration.
  3. If you have been a California resident for at least five (5) years, or three (3) years if you were on conditional release. Reputable proof of residence throughout this period is required.
  4. If you are able to show proof of an adequate time of rehabilitation. This period must last from the day of your release from State Prison.

OR

  1. If you have a felony conviction where you received a misdemeanor sex offense (California Penal Code 290 PC), or if you received a felony probation and the conviction has been expunged.
  2. If you have been freed from custody, parole or probation and have maintained a status void of incarceration.
  3. If you have no probations for any other felonies
  4. If you have been a California resident for at least five (5) years. Reputable proof of residence throughout this period is required.
  5. If you are able to show proof of an adequate time of rehabilitation.

When can you apply for the Certificate of Rehabilitation?

If you have been freed from custody, parole or probation and have maintained a status void of incarceration for five (5) years that you were a resident in California, AS WELL AS:

  1. Four (4) years if you have a conviction of either of the following: Penal Code 209 PC Aggravated Kidnapping, Penal Code 4500 PC assault with means of force likely to cause great bodily injury, Penal Code 187 PC murder, Penal Code 219 PC train derailing or wrecking, Military and Veterans Code 1672(a) acts or failing to act that causes another person’s death, Penal Code 12310 PC acts involving explosives or destructive devices causing death, mayhem, or great bodily injury, or another type of offense with a life sentence punishment.
  2. Five (5) years if you have a conviction pertaining to a sex offense that obligates you to register as a sex offender according to Penal Code 290 PC, with the EXCEPTION of
    1. Specific violation of Penal Code 311 (Child pornography laws)
    2. “Sexual exploitation of a child” laws
    3. Penal Code 314 OC (Obscene conduct/indecent exposure)

*These infringements only require an additional two (2) years

If you do not meet all of the conditions listed above then you are not entitled to receive the Certificate of Rehabilitation. Certain misdemeanors and particular sex crimes can also disqualify your application. In addition to those specific sex crimes, those who a serving a parole with mandatory life conditions, those on death row, or those serving in the military are also ineligible.

How can I apply for the Certificate of Rehabilitation?

After you have met with our team of attorneys and we have established that you are an appropriate candidate for the Certificate of Rehabilitation, we will file an official petition and submit it to the California Superior Court. With the petition, we will include all application forms, reputable letters of character and other pertinent forms.

Once the Courts receive the petition, a hearing date will be set. Our attorneys work with the prosecution before this hearing to convince them of your moral character. Once the hearing date arrives, we use only the most positive evidence to help persuade the judge to award your Certificate of Rehabilitation. This entire process can take up to 120 days. You will most likely need to be present at the hearing. Once granted, you are immediately fast tracked into an application for a Governor’s Pardon.

What is a Governor’s Pardon?

Think of a Governor’s Pardon as the supreme “get out of jail card”. If granted, you would be relieved from the consequences and incapacities related to your criminal conviction. Even though the Certificate of Rehabilitation is the California Supreme Court’s official endorsement towards a pardon, it does not mean that the Governor must grant it. In the end, it is the Governor’s final decision of whether or not to grant the pardon. (In some cases, the Governor might elect to further explore your case).

If you think that you or a loved one might be eligible to apply for the Certificate of Rehabilitation, please call The My Rights Law Group to schedule a free consultation today.

Our attorneys’ are accessible at all times to help you through your case. Going through a criminal procedure is a troubling enough, My Rights Law Group fights for you because we care about your rights. Call us today for your free consultation 877-705-3425.

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I had a difficult case that I was trying to fight from outside the state it was turned down twice. Once by the DA, and the second time by the judge, they continued to fight for me, and got the results I was looking for. They really do care about their clients and will not stop fighting till they get you the results you want.
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Good attorneys are hard to find! Bobby Shamuilian actually represented me with my best interest at heart. He gave it his all and because of that my case is being dismissed today. This firm is most definitely the best one to have if you need a criminal attorney. God forbid I ever need a criminal defense attorney, I would not even consider anyone else to represent me. Absolutely an amazing attorney!!!!! THANK YOU!!!!
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I had the pleasure of working with Kirk, and his office regarding my DUI case. I was originally charged with 2 felony counts (vehicle codes 23153A & 23153B). Kirk’s office was very professional and was able to negotiate with the District Attorney get my conviction reduced to a 1 count misdemeanor. Throughout the whole ordeal of two court dates, he and staff was available for any of my questions and concerns.
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I found myself facing a DUI and scared to death. From the very start of the initial consultation, Attorneys Kirk Tarman and Bobby Shamuilian put me at ease. They handled my DMV Hearing and the court proceeding and truly fought for me. They were always attentive to my phone calls and emails, keeping me informed. They were able to get me a reduced charged so that I do not have a DUI on my record. I am so thankful to have retained them for my case.
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