A conviction of any crime can negatively influence your life, especially your ability to secure employment and housing. You can face stigmatization even after completing your jail term or any other sentence the court imposes. Potential employers and any other person interested in your criminal record will know you have a conviction, which could hinder you and make you miss many opportunities in your life. However, you can improve this situation and put your life back on track by pursuing an appropriate post-conviction relief option. Securing a Certificate of Rehabilitation (COR) is one way to avoid the negative repercussions of a conviction. If you want to begin the process of a COR application, the California Criminal Lawyer Group can help. Our attorneys will strive to convince the judge to award you a certificate of rehabilitation in Bakersfield.

Certificate of Rehabilitation Explained

A certificate of Rehabilitation is a document you can use to clear a criminal record. However, it does not erase your criminal record. It is just an order from the court showing that you are now law-abiding. Penal Code 4852, sections 4852.01 to 4852.21, outlines how to qualify for a Certificate of Rehabilitation.

Eligibility for a Certificate of Rehabilitation

According to Penal Code 4852, you can only qualify for a Certificate of Rehabilitation if you meet these conditions:

  • You have undergone rehabilitation for several years after your release from jail, parole, or probation.
  • You have lived in the state for five years continuously before applying for a COR.
  • You are not under felony probation.
  • You have not been convicted of any new crime since the dismissal or serving your sentence.

You could also qualify if one of the following applies for each crime the COR will apply to:

  • The judge convicted you of a misdemeanor sex crime under Penal Code 290, and you have secured an expungement.
  • The judge convicted you of a felony, you served on probation, and you have secured an expungement.
  • The judge convicted you of a felony and sentenced you to prison or any other agency or state penal institution.

Ineligibility for a Certificate of Rehabilitation

You cannot qualify for a Certificate of Rehabilitation if:

  • You were convicted of a federal offense or an offense in another state.
  • You work in the military.
  • You are serving a death sentence.
  • You are serving mandatory life parole.
  • The judge convicted you of a misdemeanor other than a sex crime under Penal Code 290.

You can also not qualify for a COR if the court convicts you of the following offenses:

  • Sodomy with a child or sodomy using threat or force under Penal Code 286c.
  • Oral copulation with a child or oral copulation using threat or force under Penal Code 287(c).
  • Lewd acts with a minor below 14 years under Penal Code 288.
  • Continuous sexual abuse of a child under Penal Code 288.5.
  • Forcible sexual penetration of a child under Penal Code 289(j).
  • The judge convicted you of an eligible sex offense, but the judge discovered that you are a continuous threat to children.

You can still qualify for a traditional pardon from the governor even if you are ineligible for a COR because of a sex offense involving minors. You should consult an attorney if you are unsure of your eligibility for a COR. A competent attorney will evaluate your case's facts and particulars to ascertain whether you qualify for this post-conviction relief option.

Advantages of a Certificate of Rehabilitation

A Certificate of Rehabilitation has many advantages, like a governor's pardon. Generally, you can use a COR to petition for a governor's pardon.

Some of the advantages of a COR include the following:

It Can Relieve You From The Duty to Register as a Sex offender

A Certificate of Rehabilitation can relieve you of the duty to register as a sex offender as long as the crime you committed is listed under Penal Code 290. You could also obtain relief if you are not on probation, parole, or in custody.

You Stand Better Chances of Securing a Job

A COR will prevent a potential employer from using your conviction record against you at the interview. Additionally, while looking for a professional license, a licensing board will not reject your application because of your criminal record once you secure a COR.

Someone Else Cannot Denounce The Credibility of Your Testimony During Trial for Any Other Case.

If you secure a COR, someone else cannot use your criminal record against you in court. For example, your partner cannot use your previous conviction record against you during a child custody battle at trial.

Disadvantages of a Certificate of Rehabilitation

Like expungement, securing a COR is not a solution to everything. A COR also has limitations, even if it has clear benefits you cannot overlook. For example, a COR cannot do the following:

Clear Your Criminal Record

Unlike an expungement, securing a COR cannot prevent people from accessing your criminal record or history. Any individual carrying out a criminal background check on you can see your conviction. You must disclose your conviction history, like an expungement, when vying for public office.

Prevent Your Conviction From Being a "Prior Crime" In Later Charges

When making a sentence decision for any future conviction, the judge will consider your conviction a prior offense even after receiving a COR. If you were a first-time offender, you would face a more severe sentence, just like a repeat offender.

Restore Your Second Amendment Legal Rights

The judge will revoke or deny your rights to possess, buy, or own a firearm if you are found guilty of a felony offense. Your Second Amendment rights can only be restored if you secure a governor's pardon. However, once you secure a COR, you can petition for a governor's pardon.

The Time You Take Before Applying for a Certificate of Rehabilitation

You must prove a "satisfactory period of rehabilitation" before applying for a COR. Usually, a "satisfactory period of rehabilitation" is defined as follows:

  • Living five years continuously in the state immediately before applying for a COR and
  • An extra two to five years, based on the offense you were charged with.

The rehabilitation period starts as follows:

  • The date you were released from mandatory supervision.
  • The date you were released from community supervision.
  • The date you completed probation or parole.

The rehabilitation period is usually the minimum period that must have elapsed for you to secure a COR. Regardless of the period that could have passed, you must also have stayed in the state continuously for five years before filing for the petition. However, it is also not guaranteed that the court will grant your application. The total waiting period you must meet before filing a COR petition can be as follows:

Offenses With a Waiting Period of Nine Years

Unlike sex offenses, certain serious felonies require at least nine years before you can petition for a COR. This constitutes a residency requirement of five years plus an additional four years of rehabilitation. The following are the offenses that apply for nine years:

  • Acting or failing to act to cause someone else's death — Military and Veterans Code 1672(a).
  • Use of destructive devices or explosives causing significant bodily injury, mayhem, or death— Penal Code 12310.
  • Assault with force likely to cause substantial bodily injury — Penal Code 4500.
  • Derailing or wrecking a train— Penal Code 219.
  • Aggravated kidnapping — Penal Code 209.
  • Murder — Penal Code 187.
  • Any other crime that carries a life sentence.

Offenses With a Waiting Period of Ten Years

Certain sex offenses require a waiting period of ten years before you can file a COR petition. This constitutes a residency requirement of five years plus five additional years of rehabilitation. All sex crimes for which the court can order you to register as a sex offender have a waiting period of ten years.

The following crimes do not require a ten-year waiting period:

  • Certain violations of child pornography statutes according to Penal Code 311.2.
  • Indecent exposure or obscene conduct under Penal Code 314.
  • Crimes involving sexual exploitation of a child.

The above crimes require an additional period of two years.

Offenses With a Waiting Period of Seven Years

All other crimes require a waiting period of seven years before you can file a COR petition. This constitutes a residency requirement of five years plus two additional years of rehabilitation.

On the other hand, the judge has the authority to grant your petition before the applicable rehabilitation period. The judge can only do so if it serves the interests of justice. The law does not allow this waiver of the rehabilitation period. However, this can only happen if the crime you committed requires you to register as a sex offender.

The Procedure for Applying for a Certificate of Rehabilitation

Once the minimum rehabilitation period is over, you can apply for a Certificate of Rehabilitation anytime if you meet the eligibility requirements. However, even if the minimum period elapses, you must still have resided continuously in the state for five years immediately before applying.

Typically, the process of applying for a Certificate of Rehabilitation is as follows:

Securing And Filing a Petition for a Certificate of Rehabilitation

You can secure a Certificate of Rehabilitation from the Superior Court in your county. You can access your local court at the Judicial Branch of California's website, "Find My Court."

Securing a Copy of Your Criminal Record

You must serve the court with details about each conviction and a petition for a Certificate of Rehabilitation. The details you should present could include:

  • The date of every conviction.
  • Where the conviction took place.
  • The specific charges you faced.
  • The type of sentence the court imposed on you.
  • When you were released from jail or prison.
  • When you were discharged from parole or probation.

You should file only one petition, regardless of the number of convictions. You can secure a copy of your criminal record either:

  • Through the California Department of Justice,
  • From the court that convicted you.

You can access the guidelines for securing a criminal record for the Department of Justice at the website of the Office of the Attorney General. A copy of a criminal record typically costs you $25 at the Department of Justice.

Meeting The Cost of a Certificate of Rehabilitation

Fortunately, no court expenses or filing fees are attached to the application for a Certificate of Rehabilitation. However, you could incur the cost of an attorney if you hire one, unless he/she is working pro bono.

Hiring an Attorney

Luckily, you do not need an attorney's representation when applying for a Certificate of Rehabilitation. However, the law allows you to be represented by one. You should hire an attorney because the decision to award you a Certificate of Rehabilitation lies solely with the court. In this case, the attorney comes in handy to convince the court that you qualify for a COR. If you choose to go it alone, it will be you against the court. This can be a challenging experience, mainly if you have never attended a court session before.

If you fail to secure the services of a private attorney, the law allows you to be represented by an adult probation officer or a public counsel. The law also allows you to secure counsel and help from all rehabilitative agencies. These include the following:

  • The Department of Corrections and Rehabilitation, Division of Juvenile Facilities, if you are below 30 years.
  • State parole officers.
  • County adult probation officer.

Attending The Hearing

Once you apply for a Certificate of Rehabilitation, the court will set up a hearing, during which the judge will determine whether to award you a COR. The court will serve the following with the notice if it decides to schedule a hearing:

  • The District Attorney of each county you were charged.
  • The office of the governor.

The above parties could opt to challenge or fail to challenge the awarding of the certificate. Your attorney will represent you during the hearing. You or your attorney can table your evidence in favor of a COR during the hearing. Sometimes, the judge could demand that you personally attend the hearing. Your attorney should reach out to the prosecutor before the hearing to seek their support whenever possible. The prosecutor's support could assist your attorney in persuading the judge to make the judgment in your favor.

Typically, securing a COR will take you two to six months. It could take 120 days from filing the petition to the hearing date. However, your attorney can assist you in determining the period the application process will last.

Factors Considered Before Issuing a Certificate of Rehabilitation

The judge will consider any relevant evidence to determine if you qualify for a COR. The judge can order you to submit the following evidence:

  • The evidence of your residence in the state.
  • The reasons why you are seeking a COR.
  • Letters of conduct recommendation from prison psychologists, teachers, co-workers, employers, family, and friends, among others.
  • Evidence of volunteer work.
  • Evidence showing that you are enrolled in school or employed.
  • Any other information that would assist in establishing your eligibility, rehabilitation, and good conduct.

The judge could also consider the following:

  • Any accusations tabled by the District Attorney.
  • Your community or family ties.
  • The time you have taken since you completed parole or probation.
  • Your prison record.
  • Your criminal record, including the severity and facts of your offense.
  • The record of court proceedings or trial record.

Other Steps The Court Takes After Issuing You a COR

The court will forward a copy to the following sections once it grants you a COR:

  • The Supreme Court, if you were convicted of a felony two times or more.
  • The Department of Justice.
  • The Board of Parole Hearings.
  • The office of the governor.

If you were convicted of two or more felonies, the governor cannot grant you a pardon. He/she can only do so if most Supreme Court judges recommend it.

Automatic Application for a Governor's Pardon

Once the court grants you a COR, it automatically becomes a petition for a governor's pardon. You do not need to take any other action. The additional benefits that the governor's pardon can confer include:

  • Preventing deportation if you are a non-citizen.
  • Restoring your gun rights.

The governor's offices can gather or choose not to gather further information from you or the Parole Board. The law does not allow the governor to seek this information or grant a pardon.

The Fate of Your Criminal Record After Securing a COR

Your criminal record cannot be erased or expunged by a COR. The Department of Justice will serve the FBI with a copy once the court grants a COR. Your COR will reflect on your criminal record concerning the specific crime.

Certificate of Rehabilitation And Deportation

If you are a non-citizen, a COR cannot prevent you from being deported for the crime you committed. Getting a COR is the first step to securing a governor's pardon. A pardon can prevent you from being deported unless your conviction is associated with a drug offense.

Rejection of Your Petition

The law allows you to appeal the court's decision if it rejects your petition for a COR. Unlike filing a petition, you will incur some fees to appeal the court's decision. Unfortunately, your appeal could fail because granting a petition is within the court's discretion. Another alternative is to always wait and attempt again in the future.

The Other Ways of Clearing Your Criminal Record

Apart from the governor's pardon and a COR, other options are available for you to clear your criminal record. They include the following:

Securing a Commutation of Sentence

You could be eligible to have your sentence commuted by the governor if you are still serving jail or prison time. A commutation can reduce your sentence but not restore lost civil rights. A commutation can also qualify you for parole immediately.

Generally, any person convicted of an offense qualifies for a sentence reduction unless charged with a federal or military offense. If you want to reduce the impact of a criminal conviction on your life, consult a skilled attorney to help you determine the best course of action.

Sealing And Destroying An Arrest Record

You could qualify to have your arrest record sealed and destroyed as a matter of right. You have this right if:

  • If the court vacated your conviction on appeal,
  • You were arrested but never charged.

You also qualify to have your juvenile record sealed and destroyed if you were adjudicated juvenile delinquent. This could only happen if:

  • The initial offense was not severe, like robbery, torture, or murder committed after you turned 14 years old.
  • As an adult, you have not faced charges involving moral turpitude.
  • You are 18 years of age or older, or it has been five years since the jurisdiction of the juvenile court terminated.

Having Your Conviction Expunged

According to Penal Code 1203.4, expungement of a conviction offers you some benefits that a COR cannot provide you. The benefits include the following:

  • Preventing the expunged charges from being used to denounce your credibility as a witness in court.
  • Enabling you to secure a professional license.
  • Cushioning you against job discrimination based on the expunged charges.

Reduce a Felony to a Misdemeanor

You could be able to have your felony charges reduced to misdemeanor charges. You could only qualify for this procedure under the following conditions:

  • The judge convicted you of a wobbler offense as a felony.
  • The judge sentenced you to felony probation, and you completed the probation successfully.

Find a Criminal Defense Attorney Near Me

You can be relieved of the burdens and disabilities caused by a conviction if you secure a certificate of rehabilitation. Unfortunately, obtaining a COR is difficult because the prosecutor could contest your application. The California Criminal Lawyer Group can assist you in creating a viable petition and increase your eligibility chances for this post-conviction relief option in Bakersfield. Our team will aggressively work hard to ensure you secure the best results in applying for a Certificate of Rehabilitation. Contact us at 661-750-8230 to discuss your conviction details with our reputable attorneys.