What is the process for applying for a Certificate of Rehabilitation and a Governor's Pardon in California?

The process involves petitioning your local superior court for a Certificate of Rehabilitation after a required waiting period. If granted, the certificate automatically serves as an application for a Governor's Pardon. Step 1: Determine Eligibility and Complete the Rehabilitation Period You must reside continuously in California for a "period of rehabilitation" after your release from custody and discharge from parole or probation. This period is typically five years, plus additional years for certain offenses. You can find the specific waiting period in Penal Code section 4852.03. You are generally eligible if you were convicted of a California felony and have completed your sentence. Step 2: File a Petition in Superior Court Obtain and complete the Petition for Certificate of Rehabilitation and Pardon (Form CR-180) from the California Courts website. File the petition with the superior court clerk in the county where you live. There is no fee to file this petition. Step 3: Notify the Proper Agencies You must provide a copy of your petition to the District Attorney's office in your county of residence, the District Attorney in the county of each conviction, and the Governor's Office. You will need to file a proof of service with the court showing you did this. Step 4: Attend Your Court Hearing The court will set a hearing date, which you must attend. Be prepared to present evidence of your rehabilitation, such as letters of recommendation, proof of employment, and testimony about your life since the conviction. The District Attorney may or may not oppose your petition. Step 5: Obtain the Certificate and Automatic Pardon Application If the judge approves your petition, you will be issued a Certificate of Rehabilitation. The court then forwards a certified copy to the Governor's Office, which serves as your application for a pardon. There is no separate application for you to file. Important Considerations: A Certificate of Rehabilitation serves as an official finding that you are rehabilitated and can relieve you of some penalties and disabilities associated with the conviction. A Governor's Pardon restores additional civil rights. The pardon process can be lengthy, and the Governor has complete discretion to grant or deny it. Note: This process does not seal or erase your criminal record. If you have been convicted of two or more felonies, the California Supreme Court must also approve the pardon before the Governor can grant it. This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.