Certificate of Rehabilitation and Pardon

(510) 903-8090

Can't get 1203.4 relief?

Some types of convictions are not eligible for "expungement" under Penal Code section 1203.4.  Any felony conviction with a state prison sentence is not eligible.  Several misdemeanor convictions are also not eligible.

1203.4(b) lists some convictions that are not eligible:

"...this section does not apply to any misdemeanor that is within the provisions of Section 42002.1 of the Vehicle Code, to any violation of subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, subdivision (j) of Section 289, Section 311.1, 311.2, 311.3, or 311.11, or any felony conviction pursuant to subdivision (d) of Section 261.5, or to any infraction."

If you have a conviction in Alameda County that is ineligible for 1203.4 relief, seeking a Certificate of Rehabilitation and Pardon may still be an option to you.

Who is eligible?  Who isn't?

An individual who has:

  • been convicted of a felony, and
  • has been discharged from prison, or
  • who received 1203.4 relief after finishing probation.

may apply for a Certificate of Rehabilitation and Pardon.

The applicant:

  • must not have been incarcerated in any other state penal institution since his or her release, and
  • must present evidence that he or she has been a resident of California for the 3 years immediately preceding the application, or 5 years in the case of felony probationers or misdemeanor PC 290 registrants. (see PC 4852.01(a))

However, not all felony convictions qualify for relief under this law.  Penal Code 4852.01(c) and (d) states the following:

In short, your conviction might be eligible for a Certificate of Rehabilitation and Pardon if:

  • You were convicted of a felony not listed in PC 4852.01(c) (see above) and were sentenced to state prison, or
  • You were convicted of a misdemeanor that requires you to register as a sex offender under Penal Code section 290

The waiting period

Before filing for a Certificate of Rehabilitation and Pardon, you must have completed the requisite waiting period for the type of conviction you suffered.

7 year waiting period

In addition to the 5 years required by 4852.01(a), 2 more years are required for:

  • Certain offenses involving possession of child pornography (PC 311.2(b),(c),(d), 311.3, 311.10)
  • Indecent exposure (PC 314)

9 year waiting period

In addition to the 5 years required by 4852.01(a), 4 more years of waiting are required for the following offenses:

  • Murder (PC 187)
  • Kidnapping for ransom, reward, extortion, robbery, or rape (PC 209)
  • Train derailing/wrecking (PC 219)
  • Prisoner serving life sentence committing assault with great bodily injury (PC 4500)
  • Exploding a destructive device causing death, mayhem, or great bodily injury (PC 18755)
  • Military sabotage causing death (Military and Veterans Code 1672(a))
  • any offense carrying a life sentence

10 year waiting period

In addition to the 5 years required 4852.01(a), 5 more years are required for:

  • Convictions requiring sex offender registration under PC 290 that are not made ineligible by 4852.01(c) (see above)

No more sex offender registration!

For certain, low-level misdemeanor sex offenses, a successful petition for a Certificate of Rehabilitation and Pardon terminates the need register as a sex offender.  A common example would be a conviction for misdemeanor indecent exposure (PC 314).  Here is a letter I received from the California Attorney General's Office after successfully petitioning for a Certificate of Rehabilitation and Pardon for a client convicted of indecent exposure (client's name withheld):

Rsz 290 terminated redacted

 

If you have any questions about obtaining a Certificate of Rehabilitation and Pardon, contact us today to schedule a consultation at our Oakland office.

Experience matters

Whether you are looking to take your case to jury trial or just want to get a great plea bargain, our office has the experience to make a big difference. We have handled a wide range of criminal cases from petty theft and DUI, to three strikes, sex crimes, and murder. With our office, you can rest assured that everything is being done to produce the best possible outcome for you.

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If you or a loved one has been arrested, you may feel confused, worried, and hopeless. But you do not have to go through this alone. Our office is committed to providing top-notch legal services for those accused of crimes. Call today. Get answers. Take action. You can rest assured that you will be treated with dignity and respect.

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