Get California Certificate Rehabilitation Form

The California Certificate of Rehabilitation form serves as a crucial legal document for individuals seeking to demonstrate their rehabilitation after felony convictions. This petition allows applicants to request a formal acknowledgment of their efforts to lead a law-abiding life, ultimately paving the way for a potential pardon. If you’re ready to take this important step, fill out the form by clicking the button below.

Structure

The California Certificate of Rehabilitation form serves as a vital tool for individuals seeking to demonstrate their rehabilitation after felony convictions. This petition, filed in the Superior Court of California, outlines the applicant's felony history, requiring detailed information about each conviction, including dates, crimes, and sentences. Applicants must also provide their residency history, affirming their continuous residence in California for a minimum of five years prior to filing. In addition to listing past offenses, the form includes a declaration where the applicant asserts their commitment to living an honest and upright life since their release. The process involves confirming eligibility, obtaining necessary criminal records, and filing the completed petition with the appropriate court. While a Certificate of Rehabilitation does not guarantee a pardon, it initiates a recommendation process for one, highlighting the importance of this form in the journey toward restoring rights and reintegrating into society.

California Certificate Rehabilitation Preview

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 above-named applicant hereby respectfully represents and shows that:

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			,
	Month Day, Year			Indicate crime and Penal Code Section
In the county of			, California. My sentence for this offense was

[ 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		.
	Date 1203.4 granted by the court
☐ Felony conviction was reduced to a misdemeanor (Provide court information):			;

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			,
	Month Day, Year			Indicate crime and Penal Code Section
In the county of			, California. My sentence for this offense was

[ 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		.
	Date 1203.4 granted by the court
☐ Felony conviction was reduced to a misdemeanor (Provide court information):			;

Third Most Recent Felony Conviction

On or about		, I was convicted of the crime of			,
	Month Day, Year			Indicate crime and Penal Code Section
In the county of			, California. My sentence for this offense was:

[ 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		.
	Date 1203.4 granted by the court
☐ Felony conviction was reduced to a misdemeanor (Provide court information):			;

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

, 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 https://oag.ca.gov/fingerprints/record-review. Regardless of the number of convictions, you will be filing only a single petition.

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.

➤ PDF File

Document Data

Fact Name	Fact Details
Governing Law	The California Certificate of Rehabilitation is governed by Penal Code Sections 4852.01 and 4852.06.
Eligibility Criteria	Applicants must have resided continuously in California for at least five years prior to filing the petition.
Felony Convictions	All felony convictions must be listed in the application. If there are more than three, additional sheets are required.
Minimum Rehabilitation Period	The minimum rehabilitation period includes five years of residency plus additional time based on the severity of the offenses.
Certificate Function	A certificate of rehabilitation serves as an automatic application for a pardon but does not guarantee one.

How to Use California Certificate Rehabilitation

Completing the California Certificate Rehabilitation form is an important step in the process of seeking rehabilitation and a pardon. After filling out this form, you will need to file it with the appropriate court and follow additional steps to ensure that your application is properly processed. Below are the steps to guide you through filling out the form.

Begin by obtaining your criminal records. This includes gathering information on each felony conviction, such as the date, specific charges, county of conviction, and the sentence received. You can request your records from the court where the conviction occurred or obtain a copy from the California Department of Justice.
Confirm your eligibility for a certificate of rehabilitation. Review the criteria to ensure you qualify, as certain convictions and circumstances may disqualify you.
Fill out the form by providing your personal information, including your full name, date of birth, and CII number. Ensure all sections regarding your felony history are completed, listing each conviction chronologically, along with the relevant details.
Include your residency history. State the period you have continuously resided in California, from the starting date to the present.
Complete the applicant's declaration. This section requires you to affirm your commitment to living an honest life and adhering to the law during your rehabilitation period.
Sign the form and provide your contact information, including your address, phone numbers, and email address.
After completing the form, file it with the superior court in the county of your conviction or your current county of residency. You are not required to pay any filing fees.
Once the court sets a hearing date for your petition, notify the necessary parties, including the District Attorney and the Governor's Office, at least 30 days prior to the hearing.
After your petition is heard, if a certificate of rehabilitation is issued, be aware that this does not guarantee a pardon but initiates the process for one.

Key Facts about California Certificate Rehabilitation

What is the purpose of the California Certificate of Rehabilitation form?

The California Certificate of Rehabilitation form is designed for individuals who have been convicted of felonies and have completed their rehabilitation. It allows them to formally request recognition of their rehabilitation from the court. This certificate can also serve as a recommendation for a pardon from the Governor. Essentially, it helps individuals demonstrate that they have turned their lives around and are ready to reintegrate into society without the stigma of their past convictions.

Who is eligible to apply for a Certificate of Rehabilitation?

To be eligible, you must have been convicted of a felony and have completed a minimum period of rehabilitation. This period typically requires you to have continuously resided in California for five years after your release from custody or completion of parole or probation. However, certain individuals, such as those with only misdemeanor convictions or specific sex crimes, are ineligible. It’s essential to check your specific circumstances to ensure you meet the requirements.

How do I complete the Certificate of Rehabilitation form?

Completing the form involves several steps. First, gather all necessary information about your felony convictions, including the dates, charges, and sentencing details. You can obtain this information from the court where you were convicted or through the California Department of Justice. Next, fill out the form accurately, ensuring you include all required details. Once completed, file the petition with the superior court in your county of residence or the county of your conviction. Remember, you do not need to pay any filing fees for this process.

What happens after I submit my application?

After you submit your application, the court will set a hearing date. You must notify relevant parties, including the District Attorney and the Governor's Office, at least 30 days before this hearing. If the court grants your Certificate of Rehabilitation, it does not automatically grant a pardon, but it initiates the process for one. The Board of Parole Hearings will review your certificate within one year and make a recommendation to the Governor regarding your pardon.

Common mistakes

Filling out the California Certificate of Rehabilitation form can be a complex process, and many applicants inadvertently make mistakes that can delay their applications. One common error is failing to provide complete and accurate felony history. Each felony conviction must be listed, and if there are more than three, additional sheets must be attached. Omitting even one conviction can lead to complications in the review process.

Another frequent mistake is not confirming eligibility before submitting the application. Individuals who have only misdemeanor convictions or those currently serving mandatory life parole are not eligible for a certificate of rehabilitation. Ensuring that all eligibility criteria are met is crucial to avoid unnecessary rejections.

Many applicants also neglect to gather all necessary information regarding their criminal records. This includes dates of convictions, specific charges, and details about sentences. Without this information, completing the form accurately becomes challenging, leading to potential delays.

In addition, some applicants do not pay close attention to the residency requirements. The law states that individuals must have resided continuously in California for at least five years before filing the petition. Failure to meet this residency requirement can result in the denial of the application.

Applicants sometimes misinterpret the minimum period of rehabilitation. It’s important to understand that the rehabilitation period begins upon discharge from custody or release on parole or probation. Miscalculating this timeline can lead to filing the petition prematurely.

Moreover, many individuals overlook the necessity of obtaining relief under Penal Code Section 1203.4 if they were released on felony probation. This step is essential before applying for a Certificate of Rehabilitation, and skipping it can jeopardize the entire application.

Filing documents in the wrong court is another common pitfall. The petition must be submitted to the superior court in the county of conviction or the applicant's county of residency. Incorrect filing can cause significant delays and confusion.

Additionally, applicants often fail to provide proper notice of the hearing date. After the court sets a date, it is mandatory to notify the District Attorney and other relevant parties at least 30 days in advance. Neglecting this requirement can lead to complications during the hearing process.

Finally, some applicants misunderstand the implications of receiving a Certificate of Rehabilitation. It is not an automatic pardon; rather, it is an application for a pardon that will be reviewed by the Board of Parole Hearings. Misunderstanding this distinction can lead to unrealistic expectations about the outcome of the application.

Documents used along the form

The California Certificate of Rehabilitation form is an essential document for individuals seeking to demonstrate their rehabilitation after a felony conviction. Alongside this form, there are several other documents that may be necessary to support the application process. Understanding these additional forms can help applicants navigate the legal landscape more effectively.

Criminal Record Request Form: This document is used to request an individual's criminal history from the California Department of Justice. It provides the necessary details about past convictions, which are crucial for completing the Certificate of Rehabilitation form.
Notice of Filing of Petition: This notice is required to inform relevant parties, including the District Attorney and the Governor's Office, about the pending petition. It must be filed at least 30 days before the hearing date.
Petition for Dismissal (Penal Code Section 1203.4): This form is used to request the dismissal of a felony conviction. Successfully obtaining this dismissal is often a prerequisite for applying for a Certificate of Rehabilitation.
Verification of Employment or Community Service: This document may be required to demonstrate the applicant's commitment to rehabilitation. It typically includes details of employment history or community service performed after the conviction.
Character References: Letters from individuals who can attest to the applicant's good moral character and rehabilitation efforts. These references can strengthen the case for obtaining a Certificate of Rehabilitation.

Each of these documents plays a vital role in the rehabilitation process. They help establish the applicant's commitment to living a law-abiding life and support their case for receiving a Certificate of Rehabilitation. Understanding and preparing these forms can significantly enhance the chances of a successful application.

Similar forms

The California Certificate of Rehabilitation form serves a specific purpose in the legal system, particularly for individuals seeking to demonstrate their rehabilitation after felony convictions. Several other documents share similarities with this form, primarily in their focus on rehabilitation, expungement, or legal relief from past convictions. Below is a list of these documents, highlighting how they relate to the Certificate of Rehabilitation.

Expungement Petition: Similar to the Certificate of Rehabilitation, an expungement petition allows individuals to request the removal of certain convictions from their criminal record. Both processes aim to help individuals move forward by clearing their past legal issues.
Pardon Application: A pardon application seeks forgiveness for a crime, similar to how a Certificate of Rehabilitation requests recognition of rehabilitation. Both documents are steps toward regaining civil rights and reintegrating into society.
Governor’s Pardon Application: This document is specifically directed to the Governor, requesting a pardon. Like the Certificate of Rehabilitation, it requires proof of rehabilitation and good moral character, emphasizing the importance of demonstrating change.
Petition for Dismissal: This petition allows individuals to ask the court to dismiss their charges or convictions. It shares the goal of the Certificate of Rehabilitation in providing a fresh start and alleviating the impact of a criminal record.
Application for Certificate of Good Conduct: This certificate acknowledges that an individual has maintained a good character after serving their sentence. Like the Certificate of Rehabilitation, it serves to facilitate employment and housing opportunities.
Motion for Reduction of Felony to Misdemeanor: Individuals may file this motion to request that their felony conviction be reduced to a misdemeanor. This process is similar to certain provisions within the Certificate of Rehabilitation, which may also allow for reductions under specific circumstances.
Application for Post-Conviction Relief: This application seeks to correct or challenge a conviction after the fact. It parallels the Certificate of Rehabilitation in that both aim to provide legal relief and acknowledge the individual's efforts toward rehabilitation.
Reentry Court Program Application: This application is for individuals who wish to participate in a program designed to support reintegration into society after incarceration. Similar to the Certificate of Rehabilitation, it focuses on rehabilitation and offers resources to help individuals succeed.

Each of these documents plays a role in the broader context of rehabilitation and legal relief, helping individuals overcome the barriers that past convictions may impose on their lives.

Dos and Don'ts

When filling out the California Certificate of Rehabilitation form, there are several important guidelines to follow. Here’s a list of things you should and shouldn’t do:

Do gather all necessary information about your felony convictions before starting the application. This includes dates, charges, and sentences.
Do confirm your eligibility for the certificate. Ensure you meet the criteria, such as having resided in California for the required time.
Do file your completed form with the appropriate court. Make sure it is submitted to the superior court in the county of your conviction or your current residency.
Do provide notice of your hearing date to relevant parties at least 30 days in advance.

Don’t omit any felony convictions from your application. All felony convictions must be listed, even if you have more than three.
Don’t forget to check if you need to obtain relief under Penal Code Section 1203.4 before applying, especially if you were on felony probation.
Don’t pay any fees for filing your petition. You are not required to pay any filing fees in this process.
Don’t assume that receiving a certificate of rehabilitation guarantees a pardon. It only serves as an application for one.

Misconceptions

Understanding the California Certificate of Rehabilitation form is crucial for anyone navigating the rehabilitation process. However, several misconceptions can create confusion. Here are eight common misunderstandings:

It guarantees a pardon. Many believe that obtaining a Certificate of Rehabilitation automatically leads to a pardon. In reality, it serves as a recommendation for a pardon, not a guarantee.
Only serious crimes qualify. Some think that only individuals with severe felony convictions can apply. In fact, anyone with felony convictions can apply, provided they meet the eligibility criteria.
All felonies must be expunged first. There is a misconception that all felony convictions need to be expunged before applying. While expungement can help, it is not a prerequisite for applying for a Certificate of Rehabilitation.
You must have a lawyer to apply. While having legal representation can be beneficial, it is not mandatory. Individuals can file the application on their own if they choose.
Time spent in custody counts towards rehabilitation. Some believe that time spent in prison or jail counts as part of the rehabilitation period. However, the rehabilitation period only begins after discharge from custody.
There is no residency requirement. Many assume that residency in California is not a factor. However, applicants must have continuously resided in California for at least five years before filing.
All felony convictions are treated equally. Not all felonies are equal in the eyes of the law. Certain convictions may require a longer rehabilitation period, and some may disqualify an applicant altogether.
The process is quick and straightforward. While it may seem simple, the process can be lengthy and complex. Applicants should be prepared for potential delays and additional requirements.

Addressing these misconceptions is vital for anyone considering applying for a Certificate of Rehabilitation. Understanding the true nature of the process can help individuals make informed decisions and navigate their rehabilitation journey more effectively.

Key takeaways

Filling out the California Certificate of Rehabilitation form is an important step for individuals seeking to demonstrate their rehabilitation after felony convictions. Here are key takeaways to keep in mind:

Gather Accurate Information: Collect detailed records of all felony convictions, including dates, charges, and sentences. This information is crucial for completing the form accurately.
Confirm Eligibility: Ensure you meet the eligibility requirements. Individuals with only misdemeanor convictions or certain serious offenses may be ineligible for a certificate.
Understand the Rehabilitation Period: A minimum of five years of continuous residency in California is required before filing. Additional time may be necessary based on the nature of previous convictions.
Follow Filing Procedures: After completing the form, file it with the appropriate superior court. Remember to notify relevant parties, including the District Attorney and the Governor's Office, at least 30 days before the hearing.

Being thorough and informed can significantly impact the outcome of your application for a certificate of rehabilitation.