Certificates of Rehabilitation

Certificates of rehabilitation are one of the clean slate services that I offer as an attorney. Below is some useful information about this type of post-conviction relief.

Penal Code § 4852.01 is one of a number of sections constituting a remedial measure, the purpose of which is to provide for the rehabilitation of and restoration of rights to former criminal offenders, and under the provisions of which relief may be afforded one who has been released from state prison and discharged from parole. (People v. Jones (1985) 176 Cal. App. 3d 120, 134.)  

In determining whether a petitioner has been rehabilitated, a judge may consider any relevant information indicating that relief is warranted, including the person’s post-conviction conduct.  (People v. Zeigler (2012) 211 Cal. App. 4th, 638, 459.) The court in People v. Ansell (2001) 25 Cal. 4th 868 found that to grant a certificate of rehabilitation, “the superior court must find that the petitioner is both rehabilitated and fit to exercise the rights and privileges lost by reason of his conviction. (Ansell, at pp 875-876, citing § 4852.13, subd. (a).) The overall goal of the statutory scheme is “to restore civil and political rights of citizenship to ex-felons who have proved their rehabilitation.” (Lockwood, supra, 66 Cal.App.4th at p. 230, citing § 4852.17.)

Penal Code § 4852.01 relief is limited in a few big important ways. The requested relief does not erase or seal the record of convictions. It also does not prevent the offense from being considered as a prior if the person is later convicted of a new offense. Finally, it does not allow a person to answer on employment applications that they have not suffered a conviction. (Pen. Code, § 4852.17).  The Department of Justice criminal history, the internet, and court documents would maintain records of this case.

It does, however, restore certain rights lost following a felony conviction and prison commitment. The rights restored can depend on the underlying conviction. For instance, not all certificates of rehabilitation restore your right to own or possess firearms. Maybe but maybe not <- my favorite legal advice to give, by the way.

If you have questions about this process or would like to discuss your case, send me an email and we’ll schedule a free consultation.

Davis@dwhlo.com