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The California Certificate of Rehabilitation form serves as a crucial legal tool for individuals seeking to demonstrate their rehabilitation after a felony conviction. This petition allows applicants to formally request a declaration of their rehabilitation status from the court, which can significantly impact their ability to reintegrate into society. The form requires detailed information about the applicant's felony history, including the dates of convictions, specific charges, and the nature of the sentences received. It also mandates a comprehensive residency history, confirming that the applicant has continuously lived in California for a minimum of five years prior to filing. Alongside this, the applicant must affirm their good moral character and compliance with the law during the rehabilitation period. The process is not merely a formality; it involves a thorough review by the court and may lead to a recommendation for a pardon from the Governor. Understanding the requirements and implications of this form is essential for anyone navigating the complexities of post-conviction rehabilitation in California.
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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF
Applicant’s County of Residence
In the Matter of the Application of
Type Applicant’s Full Name – First, Middle, Last, and Suffix
Date of Birth
Month Day, Year
CII Number
Criminal Case Number
List all applicable Criminal Numbers
Court use only
PETITION FOR CERTIFICATE OF REHABILITATION AND PARDON
Pursuant to Penal Code Sections 4852.01 and 4852.06
The
FELONY HISTORY
[ All felony convictions must be listed. If you have suffered more than three (3) felony convictions, attach additional sheets following the same format. ]
Most Recent Felony Convictions
On or about |
, I was convicted of the crime of |
, |
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Month Day, Year |
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Indicate crime and Penal Code Section |
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In the county of |
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, California. My sentence for this offense was |
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[ Check all that apply ]
☐Commitment to state prison or other state institution at
Name of institution or city where located
☐Probation with suspended sentence to state prison or other state institution;
☐Probation, after the sentencing proceedings were suspended.
Thereafter, on or about |
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, I was; |
Date released from custody
☐Discharged from state prison or other state institution after completing my sentence;
☐ Released on parole, from which I was finally discharged on |
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; |
Discharge date
☐Released from custody on probation after serving a jail sentence;
☐As a condition of my probation, I was released from custody after serving time in jail, and successfully
complete my probation on |
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, and obtained relief under Penal Code |
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Date probation ended |
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section 1203.4 on |
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. |
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Date 1203.4 granted by the court |
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☐ Felony conviction was reduced to a misdemeanor (Provide court information): |
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; |
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FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.
Second Most Recent Felony Convictions
On or about |
, I was convicted of the crime of |
, |
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Month Day, Year |
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Indicate crime and Penal Code Section |
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In the county of |
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, California. My sentence for this offense was |
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[ Check all that apply ]
☐Commitment to state prison or other state institution at
Name of institution or city where located
☐Probation with suspended sentence to state prison or other state institution;
☐Probation, after the sentencing proceedings were suspended.
Thereafter, on or about |
|
, I was; |
Date released from custody
☐Discharged from state prison or other state institution after completing my sentence;
☐ Released on parole, from which I was finally discharged on |
|
; |
Discharge date
☐Released from custody on probation after serving a jail sentence;
☐As a condition of my probation, I was released from custody after serving time in jail, and successfully
Complete my probation on |
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, and obtained relief under Penal Code |
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Date probation ended |
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Section 1203.4 on |
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. |
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Date 1203.4 granted by the court |
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☐ Felony conviction was reduced to a misdemeanor (Provide court information): |
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; |
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Third Most Recent Felony Conviction
On or about |
, I was convicted of the crime of |
, |
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Month Day, Year |
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Indicate crime and Penal Code Section |
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In the county of |
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, California. My sentence for this offense was: |
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||
[ Check all that apply ]
☐Commitment to state prison or other state institution at
Name of institution or city where located
☐Probation with suspended sentence to state prison or other state institution;
☐Probation, after the sentencing proceedings were suspended.
Thereafter, on or about |
|
, I was; |
Date released from custody
☐Discharged from state prison or other state institution after completing my sentence;
☐ Released on parole, from which I was finally discharged on |
|
; |
Discharge date
☐Released from custody on probation after serving a jail sentence;
☐As a condition of my probation, I was released from custody after serving time in jail, and successfully
complete my probation on |
|
, and obtained relief under Penal Code |
|
||
|
|
Date probation ended |
|
||
section 1203.4 on |
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|
. |
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Date 1203.4 granted by the court |
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☐ Felony conviction was reduced to a misdemeanor (Provide court information): |
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; |
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FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.
RESIDENCY HISTORY
I am now a resident of the State of California, and I have continuously resided in the State of California
from |
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, to the present date. |
Month Day, Year
APPLICANT’S DECLARATION
During the period of my rehabilitation, I have lived an honest and upright life, conducted myself with sobriety and industry, and exhibited good moral character. I have conformed to and obeyed all the laws of the land.(Pen. Code, § 4852.05.)
WHEREFORE, Your petitioner prays that the Court make its order and decree declaring that the petitioner has been rehabilitated; and for a certificate of rehabilitation recommending that the Governor of the State of California grant petitioner a full pardon; and that for such purpose, a time be appointed for the hearing of the foregoing petition; and that other and necessary proper orders may be made in the premises.
Applicant’s Signature |
Month Day, Year |
Applicant’s Street Address
Applicant’s City, State and ZIP Code
Applicant’s Driver License Number
Applicant’s Email Address
Applicant’s Home Phone Number
Applicant’s Work Phone Number
Applicant’s Cell Phone Number
FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.
FORM 1 INSTRUCTIONS
1.Obtain Your Criminal Records
To complete this form, you will need information regarding each of your felony convictions, including the date of each conviction, the specific charge or charges for which you were convicted, the county of the conviction, and the sentence that was given. In addition, you will need to know the date that you were released from prison or jail and/or discharged from parole or probation.
This information may be obtained through the court in which the conviction(s) took place, or you may obtain a copy of your state criminal record through the California Department of Justice. You may only obtain your own records from the Department of Justice. Information regarding this request may
be obtained through the Office of the Attorney General website at
2.Confirm Your Eligibility
You are ineligible for a certificate of rehabilitation if any of the following are true:
You were convicted only of misdemeanors (other than sex offenses defined in Penal Code section 290, which were subsequently expunged) (Pen. Code, §4852.01, (b).)
You were convicted of specific sex crimes involving minor children as enumerated under Penal Code sections 286, subdivision (c), 288, 288a, subdivision (c), 288.5, and 289, subdivision (j). (Pen. Code, § 4852.01, (c).)
You are serving mandatory life parole. (Pen. Code, § 4852.01, (c).)
You were sent to state prison under a death sentence. (Pen. Code, § 4852.01, (c).)
You are currently in military service. (Pen. Code, § 4852.01, (c).)
Minimum Period of Rehabilitation
In order to be granted a certificate of rehabilitation you must satisfy a minimum period of rehabilitation. In every case, you must have resided continuously for five years in this state prior to filing the petition. (Pen. Code, § 4852.06) The period of rehabilitation begins to run upon your discharge from custody or upon release on parole or probation, whichever is sooner. (Pen. Code, § 4852.03, (a).) The period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:
An additional four years in the case of any person convicted of violating Section 187 (murder), 209 (aggravated kidnapping), 219 (derailing or wrecking a train), 4500 (assault with force likely to cause great bodily injury), or 12310 (use of explosives or destructive devices causing death, mayhem, or great bodily injury) of the Penal Code, or subdivision
(a)of Section 1672 of the Military and Veterans Code (acting or failing to act so as to cause another person’s death), or any other offense which carries a life sentence. (Pen. Code, § 4852.03, (a)(1).)
An additional five years in the case of any person convicted of any offense or attempted offense for which sex offender registration is required pursuant to Penal Code 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2 (possession or distribution of media depicting a minor engaging in sexual conduct), or of Section 311.3 (sexual exploitation of a child), 311.10 (advertising obscene matter depicting a minor engaging in sexual conduct), or 314 (indecent exposure). For those convictions, two years shall be added to the five years imposed by this section. (Pen. Code, § 4852.03, (a)(2).)
FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.
An additional two years in the case of any person convicted of committing any offense not listed above and which does not carry a life sentence. (Pen. Code, §4852.03, (a)(3).)
Additionally, the trial court hearing your application for a certificate of rehabilitation may add additional years if you served consecutive sentences. The amount of additional time will not exceed the sum of the maximum penalties for all your crimes. (Pen. Code, § 4852.03, (a)(4).)
Felony Probation
If you were released on felony probation and successfully completed probation, you must obtain relief under Penal Code Section 1203.4 before applying for a Certificate of Rehabilitation.
3.File Your Documents
After completing the Petition for Certificate of Rehabilitation and Pardon, you must file it with the superior court in the county of conviction or in your county of residency. (Pen. Code, § 4852.06.)
You are entitled to be represented by an attorney of your own selection, or by the public defender. (Pen. Code, § 4852.08.)
You are entitled to receive assistance from all rehabilitative agencies including officers from adult probation and parole, and for persons under the age of 30 years, from the Division of Juvenile Facilities. (Pen. Code, § 4852.04)
It is unlawful for anyone, other than an attorney, to accept any fee, money or anything of value for their services in representing you in this proceeding. (Pen. Code, § 4852.2.)
You are not required to pay filing fees of any kind in connection with this proceeding. (Pen. Code, § 4852.09.)
4.Notice of Filing
When the court sets a hearing date on your petition, you are required to give notice of that date at least 30 days before the hearing. You must formally notify the District Attorney for each county in which you have been convicted, the county in which the petition is filed, and the Governor's Office. (Pen. Code, § 4852.07.) For more information on the notice requirements, please reference the
Notice of Filing of Petition for Certificate of Rehabilitation and Pardon.
5.After a Certificate of Rehabilitation is Issued
A certificate of rehabilitation is not an automatic pardon; it is only an automatic application for a pardon. In the event that a certificate of rehabilitation is issued by a court, the certificate of rehabilitation shall be reviewed by the Board of Parole Hearings within one year. Thereafter, the Board shall issue a recommendation as to whether the Governor should pardon that individual. (Pen. Code, § 4852.16, (b).)
FORM 1 (Revised 10/25/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.
Form Specifications
| Fact Name | Description |
|---|---|
| Governing Laws | The California Certificate of Rehabilitation is governed by Penal Code Sections 4852.01 and 4852.06. |
| Purpose | This certificate serves to declare an individual rehabilitated and to recommend a pardon from the Governor. |
| Eligibility Criteria | Applicants must have been convicted of felonies, not misdemeanors, and must meet specific rehabilitation requirements. |
| Minimum Rehabilitation Period | Applicants must reside in California for at least five years before filing the petition, starting from their discharge from custody. |
| Filing Process | The completed petition must be filed in the superior court of the county where the conviction occurred or where the applicant resides. |
| Notification Requirement | Applicants must notify the District Attorney and the Governor's Office at least 30 days before the hearing date on the petition. |
| Outcome of Certificate | A certificate of rehabilitation is not a pardon but initiates the process for one, with a review by the Board of Parole Hearings. |
California Certificate Rehabilitation: Usage Guidelines
Filling out the California Certificate Rehabilitation form is an important step for those seeking to demonstrate their rehabilitation and request a pardon. After completing the form, you will file it with the appropriate court and follow up with necessary notifications and hearings.
- Obtain your criminal records. Gather information about each felony conviction, including the date, specific charges, county of conviction, and sentence. You can get this information from the court where you were convicted or request your state criminal record from the California Department of Justice.
- Confirm your eligibility. Ensure you meet the criteria for a certificate of rehabilitation. You may be ineligible if you were convicted only of misdemeanors, specific sex crimes, or are currently serving a life parole.
- Complete the form. Fill out the California Certificate Rehabilitation form accurately, providing all required details about your felony convictions and residency history.
- File your documents. Submit the completed form to the superior court in the county of your conviction or your county of residence. You can do this without a filing fee.
- Provide notice of filing. Once the court sets a hearing date, notify the District Attorney in each county where you were convicted, the county where you filed, and the Governor's Office at least 30 days before the hearing.
- Prepare for the hearing. Attend the court hearing on the scheduled date. Be ready to present your case and demonstrate your rehabilitation.
- Follow up after the hearing. If the court issues a certificate of rehabilitation, understand that this does not automatically grant a pardon. The Board of Parole Hearings will review the certificate and make a recommendation to the Governor regarding your pardon.
Your Questions, Answered
What is the California Certificate of Rehabilitation?
The California Certificate of Rehabilitation is a legal document that helps individuals with felony convictions demonstrate their rehabilitation. This certificate can serve as a stepping stone to obtaining a pardon from the Governor. It signifies that the individual has turned their life around, has been a law-abiding citizen, and is deserving of a second chance.
Who is eligible to apply for a Certificate of Rehabilitation?
To be eligible, you must have been convicted of a felony and have completed your sentence, including parole and probation. Additionally, you must have continuously resided in California for at least five years before filing the petition. Certain offenses, such as specific sex crimes involving minors or those serving life parole, disqualify you from applying.
What information do I need to complete the application?
You'll need detailed information about your felony convictions, including the dates of conviction, the specific charges, the counties where the convictions occurred, and the sentences received. You should also include your residency history in California. Gathering your criminal records from the court or the California Department of Justice will be essential for this process.
How long does the rehabilitation process take?
The minimum period of rehabilitation is five years, starting from the date of your discharge from custody or the end of your parole or probation. Depending on the nature of your convictions, additional years may be required. For example, if you were convicted of serious offenses like murder, the period could extend significantly.
Do I need an attorney to file my petition?
While you have the right to be represented by an attorney, it is not mandatory. You can choose to represent yourself. However, having legal assistance can be beneficial, especially when navigating the complexities of the application process and ensuring that all necessary documentation is correctly filed.
What happens after I file my petition?
Once you file your petition, the court will set a hearing date. You must notify the District Attorney in each county where you were convicted, as well as the Governor's Office, at least 30 days before the hearing. The court will review your case and determine whether to issue the Certificate of Rehabilitation.
Is there a fee to apply for the Certificate of Rehabilitation?
No, you are not required to pay any filing fees when applying for a Certificate of Rehabilitation. This is designed to ensure that financial barriers do not prevent individuals from seeking rehabilitation and a fresh start.
What happens if my Certificate of Rehabilitation is granted?
If your Certificate of Rehabilitation is granted, it does not automatically mean you receive a pardon. Instead, it serves as an application for a pardon, which will be reviewed by the Board of Parole Hearings within a year. They will make a recommendation to the Governor regarding your pardon request.
Common mistakes
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Incomplete Felony History: Failing to list all felony convictions can lead to the rejection of the application. It is essential to include every conviction, even if there are more than three, as additional sheets must be attached.
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Incorrect Dates: Entering incorrect dates for convictions, sentences, or releases can create discrepancies. Ensure that all dates are accurate and match the records.
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Missing Required Attachments: Not attaching necessary documents, such as proof of completion of probation or parole, can result in delays. Always include supporting documentation as specified.
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Failure to Confirm Eligibility: Not verifying eligibility prior to filing can waste time. It is crucial to ensure that you meet all criteria outlined in the instructions.
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Neglecting Residency Requirements: Failing to demonstrate continuous residency in California for the required five years can disqualify the application. Be prepared to provide evidence of residency.
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Improper Notification: Not notifying the District Attorney and other required parties about the hearing date can lead to procedural issues. Adhering to notification requirements is vital for a smooth process.
Documents used along the form
The California Certificate of Rehabilitation form is an important document for individuals seeking to demonstrate their rehabilitation after felony convictions. In addition to this form, several other documents may be required or useful in the process of applying for a certificate of rehabilitation. Below is a list of such documents along with brief descriptions of each.
- Criminal Record Request: This document is necessary to obtain a complete record of felony convictions. Individuals can request their criminal history from the California Department of Justice to ensure accurate information is included in their application.
- Petition for Pardon: This document is often filed alongside the Certificate of Rehabilitation application. It formally requests a pardon from the Governor, which can be granted after the court issues a certificate of rehabilitation.
- Proof of Residency: Applicants must demonstrate continuous residency in California for at least five years prior to filing. Documentation such as utility bills or lease agreements can serve as proof.
- Character References: Letters from individuals who can attest to the applicant's good moral character and rehabilitation can strengthen the case. These references should ideally come from community leaders, employers, or mentors.
- Notice of Filing: Once the petition is filed, this document serves to notify relevant parties, including the District Attorney and the Governor's Office, about the hearing date for the application.
- Completion of Probation or Parole Documentation: If applicable, proof of successful completion of probation or parole is required. This may include a letter from the probation officer or court records indicating the completion.
- Application for Relief under Penal Code Section 1203.4: If the applicant has successfully completed probation, this application must be filed to have the felony conviction reduced to a misdemeanor before seeking a certificate of rehabilitation.
- Hearing Notice: After the court sets a hearing date, a notice must be prepared and sent to all required parties at least 30 days in advance, ensuring compliance with legal requirements.
These documents collectively support the application process for a Certificate of Rehabilitation in California. Each plays a role in demonstrating the applicant's commitment to rehabilitation and compliance with legal requirements.
Similar forms
- Expungement Petition: Similar to the Certificate of Rehabilitation, an expungement petition allows individuals to request the removal of certain criminal convictions from their records. Both processes aim to improve a person's chances of reintegration into society by clearing their criminal history.
- Application for a Pardon: This document seeks forgiveness for a crime and can restore certain rights lost due to a felony conviction. Like the Certificate of Rehabilitation, it requires a demonstration of rehabilitation and good character.
- Petition for Early Termination of Probation: Individuals may file this petition to end their probation early. Both documents show a commitment to rehabilitation and a desire to move forward without the constraints of a criminal record.
- Certificate of Good Conduct: This certificate is issued to individuals who have demonstrated good behavior after serving their sentence. It serves a similar purpose as the Certificate of Rehabilitation in that it can help with employment opportunities and other aspects of reintegration.
- Sealing of Records Petition: This petition allows individuals to request that their criminal records be sealed, making them inaccessible to the public. Both the sealing of records and the Certificate of Rehabilitation focus on protecting individuals from the long-term consequences of their past actions.
- Application for Restoration of Rights: This application seeks to restore rights lost due to a felony conviction, such as voting or firearm rights. Both processes emphasize the importance of reintegration and the belief in second chances.
- Post-Conviction Relief Petition: This petition is filed to challenge the legality of a conviction or sentence. While it focuses on correcting past legal errors, it shares the goal of improving the individual’s legal standing and future opportunities, much like the Certificate of Rehabilitation.
Dos and Don'ts
When filling out the California Certificate Rehabilitation form, consider the following guidelines to ensure a smooth process.
- Do obtain your criminal records before starting the application. You will need details about each felony conviction.
- Do confirm your eligibility for the certificate. Ensure you meet the residency and conviction requirements.
- Do accurately list all felony convictions. Include dates, charges, and sentences as required.
- Do file your completed petition with the correct court. This should be either the court of conviction or your county of residence.
- Do provide notice of the hearing date to the necessary parties at least 30 days in advance.
- Don’t forget to check the minimum period of rehabilitation. Ensure you have resided in California for five years prior to filing.
- Don’t assume that a certificate of rehabilitation guarantees a pardon. Understand that it is only a step toward obtaining one.
Misconceptions
- Misconception 1: The Certificate of Rehabilitation guarantees a pardon.
- Misconception 2: You can apply for the certificate immediately after your sentence ends.
- Misconception 3: All felony convictions disqualify you from applying.
- Misconception 4: You need a lawyer to file your application.
- Misconception 5: The process is expensive.
- Misconception 6: You can file in any county.
- Misconception 7: You don’t need to notify anyone after filing.
Many people think that once they receive a Certificate of Rehabilitation, they automatically get a pardon. This is not true. The certificate is just a step toward applying for a pardon, not a guarantee.
Some believe they can apply right after finishing their sentence. However, you must live in California for at least five years before filing your application.
Not all felony convictions prevent you from applying. You can still qualify if your felony convictions do not include specific serious offenses, like certain sex crimes or murder.
While having a lawyer can help, it is not necessary. You can file the application yourself if you choose to do so.
Many think they will face high costs when applying. However, you are not required to pay any filing fees for this process.
Some people believe they can file their application in any county. In reality, you must file in the county where you were convicted or where you currently reside.
After filing your petition, you must notify the District Attorney and the Governor's Office. Failing to do so can affect your application.
Key takeaways
Filling out the California Certificate of Rehabilitation form can be a significant step towards rebuilding your life. Here are some key takeaways to consider:
- Gather Your Criminal Records: You will need detailed information about your felony convictions, including dates, charges, and sentences. This can be obtained from the court where you were convicted or through the California Department of Justice.
- Check Your Eligibility: Ensure you meet the eligibility criteria. If you were convicted only of misdemeanors or specific sex crimes, you may not qualify for a certificate of rehabilitation.
- Understand the Minimum Period of Rehabilitation: You must have continuously resided in California for five years prior to filing your petition. This period begins upon your discharge from custody or release from parole or probation.
- File Your Documents: After completing the petition, file it with the superior court in your county of residence or the county of conviction. You can choose to be represented by an attorney or public defender.
- Notify Relevant Parties: Once a hearing date is set, you must notify the District Attorney for each county where you were convicted, the county where you filed the petition, and the Governor's Office at least 30 days before the hearing.
- Know the Difference: A certificate of rehabilitation is not an automatic pardon; it serves as an application for a pardon. If granted, it will be reviewed by the Board of Parole Hearings.
- No Filing Fees: You are not required to pay any filing fees for this process, making it accessible for individuals seeking rehabilitation.
Taking these steps can help you navigate the process more smoothly and increase your chances of a successful outcome.