Certificate of Rehabilitation

A Certificate of Rehabilitation is a court order that says someone who was (1) convicted of a felony and (2) served time in state or local prison, has been rehabilitated

 

It does not erase your criminal record. But, it can have some benefits. For example, it may help when you're applying for a job or professional license from the state.

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In general, rehabilitation means that for many years after your conviction, you lived an "honest and upright life", followed the law, and showed good moral character. 

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It's also a first step to applying to the Governor for a pardon

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If you get a Certificate of Rehabilitation, it gets sent to the Governor's Office. It is considered an official application for a pardon from the governor.

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• WHAT IT CAN DO

  • Help your chance of getting a professional license from a state board

  • Be the official record that shows you're rehabilitated, which may improve your job or housing opportunities

  • Get sent to the Governor as your official application for a pardon 
     

• WHAT IT DOES NOT DO

  • Erase a felony conviction or seal a criminal record

  • Let you say you don't have a criminal record (this may be possible if your case was dismissed/expunged first)

  • Restore your gun rights

  • Prevent the conviction from being considered a prior if you're convicted later of a different crime

  • End sex offender registration requirements, unless you also got relief under section 290.5
     

Who can apply?

To apply for a Certificate of Rehabilitation you must meet each requirement.

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1. California residency requirement 

You must have lived in California continuously for the past 5 years prior to applying. If you do not live in California, a direct pardon is an option.

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2. Required waiting period (at least 7 years)

This is how long you have to wait after you're released from jail, prison, parole, or probation before you can apply. This is called the period of rehabilitation. During this time, you can't get in trouble with the law and must make significant improvements in your life. 

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The period of rehabilitation is the 5 years of California residency, plus an additional few years based on your conviction. Generally, it's 2 to 5 additional years. The period of rehabilitation starts when you're released from jail, prison, probation, or parole (whichever happens first).

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This means in general, you can't apply unless it's been at least 7 years since you're released from jail or prison. You can find the wait periods in California Penal Code section 4852.03.

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3. Convictions that qualify

• Generally, only those convicted of a felony are eligible. There are some exceptions, discussed below, for those who have misdemeanor sex crime convictions. 

• Felony convictions and went to state or local prison (except for certain sex crimes)

• You must also be off parole, post-release community supervision, or mandatory supervision.

• Felony probation (except for certain sex crimes)

• You must have your case dismissed (expunged) before you can apply. You also can't have gone to jail or prison since you got your felony dismissed or be on probation for another felony.

• Felonies or misdemeanors involving sex crimes listed in Penal Code section 290

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There are some people who can't get a Certificate of Rehabilitation

You are not eligible if you are currently in the military or if you live out of state. You also don't qualify if you are on mandatory life parole, have a death sentence, or are convicted of sex crimes involving a minor (Penal Code section 269, 286(c), 288, 288a(c), 288.5, 288.7, or 289(j)).

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If you are ineligible to apply for a certificate of rehabilitation, you can apply to the governor for a direct pardon.