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Certificate of Rehabilitation and Pardon

If you have a California felony conviction on your record, you may fear that it will create obstacles all of your life to jobs, housing, and other opportunities. However, you may be able to clean up your California criminal record through a process called post-conviction relief. One option that may be available to you is a certificate of rehabilitation and pardon. The Writs and Appeals Law Group at the Kavinoky Law Firm can analyze your case to determine whether a California certificate of rehabilitation and pardon may be obtainable.

Certificates of rehabilitation are requested from the court that originally tried your case as the first step in the pardon process. If you receive a certificate of rehabilitation, the trial court will recommend that you receive a pardon from the governor. Your pardon can be granted at the governor's discretion unless you have multiple felonies on your record. If so, your pardon will require additional approval from the state Supreme Court.

Certificates of rehabilitation are exactly that - a declaration that you have been rehabilitated and should be relieved from the burdens of having a felony conviction on your record. The process of obtaining a certificate of rehabilitation is lengthy and complex, but can be accomplished with the help of a skilled defense attorney.

Post-conviction relief can provide enormous benefits, but has limitations. For example, expungement has several key limitations and will neither restore gun possession rights nor alleviate registration as a sex offender under Penal Code 290. Only a pardon can address these consequences.

The governor will only grant you a pardon if you've demonstrated a high standard of constructive behavior following conviction for a felony, or, in some cases, for certain specified misdemeanor sex offenses. You must establish that you've lived a useful, productive, and law-abiding life since your conviction. California Penal Code section 4852.05 states: "During the period of rehabilitation, the person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land."

Your application for a pardon will typically only be considered if you have been off probation or parole for at least 10 years and have not been involved in criminal activity since then. A certificate of rehabilitation is a convincing element of a pardon application, but it will be one of many factors in the governor's decision. The 10-year rule may be waived in truly exceptional circumstances if you can demonstrate an earlier, specific need for the pardon.

A certificate of rehabilitation and pardon can truly transform the life of an individual convicted of a felony in California. To learn more about California certificates of rehabilitation and pardon and other forms of post-conviction relief, contact the Writs and Appeals Law Group at the Kavinoky Law Firm today for a free consultation.

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Bail Pending Sentencing or Appeal Direct Appeal
Withdrawing Guilty Pleas Writ of Habeas Corpus - State Court
Motions for a New Trial Writ of Habeas Corpus - Federal Court
Sentencing Memoranda Expungement
Bail Pending Sentencing or Appeal Sentencing Memoranda
Withdrawing Guilty Pleas Direct Appeal
Motions for a New Trial Federal Writ of Habeas Corpus
Representation at Sentencing