How to Apply for a “Certificate of Rehabilitation” in California

A Certificate of Rehabilitation is a form of post-conviction relief in which a judge finds that you have been rehabilitated following a criminal conviction. In California, obtaining a certificate acts as an automatic application for a governor’s pardon.¹

Other benefits of a California Certificate of Rehabilitation (COR) include:

• Better employment application prospects,
• Fewer obstacles to professional licensing, and
• In some cases, an end to the duty to register as a California sex offender,

In general, you are eligible for a COR if you have a prior conviction of:

• A felony and were sentenced to a California state penal institution or agency (such as California prison), or
• A felony and were sentenced to probation AND the conviction has been expunged,² or
• A misdemeanor sex offense listed in Penal Code 290 AND the conviction has been expunged.³

You must also have:

• Resided in California for at least five years, and
• Been rehabilitated for an additional period of between two and five years following the release from custody, probation, or parole.

The specific rehabilitation periods depend on the crime of which you were convicted, as set forth in the following table:

Type of Offense	Period of Rehabilitation Required to Receive Certificate of Rehabilitation
Murder, aggravated kidnapping, train wrecking, assault likely to cause great bodily injury, acts involving explosives or destructive devices, other offenses carrying a life sentence	Nine years (5 years residency + an additional 4 years)
Sex crimes requiring PC 290 registration, EXCEPT certain PC 311 child porn crimes, sexual exploitation of a child, and PC 314 obscene conduct/indecent exposure	Ten years (5 years residency + an additional 5 years)
All other crimes (including certain PC 311 child porn crimes, sexual exploitation of a child, and PC 314 obscene conduct/indecent exposure)	Seven years (5 years residency + an additional 2 years)

To help you better understand how and why to get a Certificate of Rehabilitation, our California criminal defense lawyers discuss the following, below:

• 1. What is a Certificate of Rehabilitation?
• 2. What are the benefits?
• 3. Who is eligible?
• 4. Who is ineligible?
• 5. How long must I wait before applying?
• 6. What is the application process?
• 7. What happens when the court grants a Certificate of Rehabilitation?
• 8. What if the court denies the application?
• 9. Can a COR keep me from being deported?
• 10. How else can I clear a criminal record in California?
• Additional Reading

1. What is a Certificate of Rehabilitation?

A Certificate of Rehabilitation (“COR”) does not erase your California criminal record. It is a court order stating that you are now a law-abiding citizen.⁴

As Ventura criminal defense attorney John Murray⁵ explains:

“A Certificate of Rehabilitation tells society that you have moved on to become an honest, upstanding member of the community.⁶ Unlike a motion to seal and destroy a California arrest record, a COR applies to actual criminal convictions–not just arrests.”

The process and eligibility for obtaining a Certificate of Rehabilitation are set forth in Penal Code 4852, sections 4852.01 – 4852.21 PC.

We discuss eligibility in Section 3 below and provide step-by-step instructions in Section 6, below.

2. What are the benefits?

A Certificate of Rehabilitation offers many of the same benefits as a governor’s pardon – but not all of them. It acts as an automatic application for a governor’s pardon and is the only way for you to obtain one.⁷

A Certificate of Rehabilitation also offers these benefits:

• State licensing agencies may not deny a license based solely on a conviction if you obtained a COR for the offense;⁸ and
• You may be relieved of your duty to register as a sex offender (as discussed below).⁹

Relief from the Duty to Register as a Sex Offender

A Certificate of Rehabilitation relieves you of the duty to register as a sex offender as long as:

1. You are not in custody, on parole, or on probation, and
2. The offense is one listed in Penal Code 290 other than:
   • Kidnapping committed with the intent to commit rape, sodomy, lewd acts with a minor, oral copulation, or sexual penetration with an object;
   • Assault with intent to commit a sex crime;
   • Felony sexual battery,
   • Rape / sexual assault (various penal code sections, felony conviction),
   • Felony pimping or pandering,
   • Human trafficking of a child,
   • Sexual assault of a child,
   • Felony sodomy by force or with a child,
   • Lewd acts on a child,
   • Oral copulation by force or with a child,
   • Continuous sexual abuse of a child,
   • A sexual act with a child under ten, or
   • Annoying or molesting a child.¹⁰

The only way to be relieved of the duty to register as a sex offender for one of the above offenses is by obtaining a full pardon from California’s governor.

3. Who is eligible?

Under Penal Code 4582, you are eligible for a California Certificate of Rehabilitation if:

1. You have not been incarcerated for a new offense since completion or dismissal of your sentence;
2. You are not on probation for a felony;
3. You have resided in California for at least five continuous years immediately before petitioning for a COR;
4. You have been rehabilitated — usually for a minimum number of years — following your release from custody, probation, or parole (as set forth in Section 6, below);
5. You are not otherwise ineligible to receive a certificate (as discussed in Section 4, below); AND
6. At least one of the following applies for each offense the COR will apply to:
   • You are a convicted felon and sentenced to prison or another California state penal institution or agency,¹¹ or
   • You were convicted of a felony and sentenced to probation AND the conviction has been expunged,¹² or
   • You were convicted of a misdemeanor sex offense listed in Penal Code 290 AND the conviction has been expunged.¹³

4. Who is ineligible?

You are not eligible for a California Certificate of Rehabilitation if:

• You were convicted of a misdemeanor offense (other than a sex offense specified in Penal Code 290);¹⁴
• You are serving mandatory life parole,
• You were sentenced to death,
• You are in the military,
• You committed a federal crime or a crime in any other jurisdiction other than California,
• You were convicted of any of the following sex crimes:
  • Penal Code 286(c) – sodomy with a child or sodomy by force or threat,
  • Penal Code 288 – lewd acts with a child under 14 (child molestation),
  • Penal Code 287(c) – oral copulation with a child or oral copulation by force or threat,
  • Penal Code 288.5 – continuous sexual abuse of a child, or
  • Penal Code 289(j) – forcible sexual penetration of a child;¹⁵ or
• You were convicted of an otherwise eligible sex crime, and the court determines you are an ongoing threat to minors.¹⁶

If you are ineligible for a COR due to a child sex crime, you may still be eligible to get a pardon from the California governor.¹⁷

5. How long must I wait before applying?

As an applicant for a Certificate of Rehabilitation, you must be able to prove a “satisfactory period of rehabilitation.” A “satisfactory period of rehabilitation” is defined as:

• Residency of five continuous years in California immediately before applying,¹⁸ PLUS
• An additional two to five years, depending on the crime of which you were convicted. ¹⁹

The rehabilitation period begins running on the date on which you:

• Complete parole or probation,
• Are released from community supervision, or
• Are released from mandatory supervision.²⁰

Note that the rehabilitation period is normally the MINIMUM period that must have passed for you to receive a certificate of rehabilitation. It is not a guarantee that your petition will be granted.

Also, no matter how much time has passed, you must have resided in California continuously for the five-year period immediately preceding the filing of the petition.

Crimes with a Nine-Year Waiting Period

Certain serious felonies (other than sex crimes) require at least a nine-year period before you can apply for a COR. This includes the five-year residency requirement plus a rehabilitation period of an additional four years.

Crimes which require a nine-year waiting period include:

• Penal Code 187 – murder,
• Penal Code 209 – aggravated kidnapping,
• Penal Code 219 – derailing or wrecking a train,
• Penal Code 4500 – assault with force likely to cause great bodily injury,
• Penal Code 12310 – use of explosives or destructive devices causing death, mayhem, or great bodily injury,
• Military and Veterans Code 1672(a) – acting or failing to act so as to cause another person’s death, or
• Any other offense that carries a life sentence.²¹

Crimes with a Ten-Year Waiting Period

Certain sex crimes require at least a 10-year period before you can apply for a COR. This includes the five-year residency requirement plus a rehabilitation period of an additional five years.

Crimes which require a 10-year waiting period include all California sex crimes which mandate sex offender registration other than:²²

• Certain child pornography crimes under Penal Code 311.2,
• “Sexual exploitation of a child,” or
• Penal Code 314 – obscene conduct / indecent exposure.²³

(These last three offenses require a two-year additional period, as noted in Section 5, below).

Crimes with a Seven-Year Waiting Period

All other offenses require a seven-year rehabilitation period before you can apply for a Certificate of Rehabilitation. ²⁴

This includes the five-year residency requirement plus a rehabilitation period of an additional two years.

Waiver of the Rehabilitation Period in Exceptional Cases

Judges can grant a certificate of rehabilitation before the applicable period of rehabilitation if it would serve the interests of justice.²⁵

This waiver of the period of rehabilitation is not permitted, however, if the offense requires you to register as a sex offender.²⁶

6. What is the application process?

If you meet the eligibility requirements, you may file for a Certificate of Rehabilitation at any time after the minimum rehabilitation period has passed. ²⁷

Keep in mind you must have lived continuously in California for five years immediately before applying.²⁸

Obtaining and Filing a Petition for a COR

A petition for a certificate of rehabilitation can be obtained from the Superior Court in the county where you reside.

You can find your local court at the Judicial Branch of California’s “Find My Court” webpage.

Obtaining a Copy of Your Criminal Record

Along with a petition for a Certificate of Rehabilitation, you must submit the following information:

• The date of each conviction,
• The county in which the conviction occurred,
• The specific charge(s) you were convicted of,
• The sentence handed down, and
• The date of release from prison or jail (if applicable), and
• The date of discharge from probation or parole.

Regardless of your number of convictions, you need to file only a single petition.

Where can I get a copy of my criminal record?

You can get a copy of your criminal record either:

• From the court in which the conviction(s) took place, or
• Through the California Department of Justice.

Instructions for obtaining a criminal record for the DOJ are available at the California Office of the Attorney General website.

There is a $25 fee to obtain a criminal record from the DOJ.

How much does it cost to get a COR?

There is no filing fee and there are no court costs to get a certificate of rehabilitation in California.²⁹

If you are represented by your personal attorney, the cost will be at your expense (unless the lawyer is working pro bono). ³⁰

Do I need to be represented by a lawyer?

If you are applying for a Certificate of Rehabilitation, you do not need to be represented by a lawyer.

Remember — the choice of whether to grant a Certificate of Rehabilitation is completely within the court’s discretion. So using a lawyer to help with your application is recommended.

What if I cannot afford a lawyer?

If you cannot afford an attorney, you have the right to be represented by public counsel or an adult probation officer.³¹

You also have the right to receive counsel and assistance from all rehabilitative agencies. These include:

• The adult probation officer of the county,
• State parole officers, and,
• If you are under 30 years of age, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. ³²

Will there be a hearing?

The court will usually schedule a hearing to help the judge decide whether to grant a Certificate of Rehabilitation. If the court elects to hold a hearing, it will give notice to:

• The governor’s office, and
• The district attorney of each county in which you were convicted.³³

These parties may or may not choose to contest the granting of a certificate.

You may be represented by a lawyer at this hearing.

What happens at the hearing?

At the hearing, you or your attorney will present evidence in favor of a Certificate of Rehabilitation. Most of the time, the judge will require that you personally attend the hearing.

Whenever possible, our criminal defense attorneys try to meet with the prosecutor before the hearing in an attempt to gather their support.

The support of the prosecuting agency can be a powerful factor in convincing the judge to issue a favorable decision.

Factors the Judge Will Consider

The court may consider any relevant evidence when deciding whether to grant a Certificate of Rehabilitation. Evidence you will want to submit to the court often includes:

• Proof that you are employed or enrolled in school,
• Work and education history,
• Proof of volunteer work,
• Letters of character recommendation from friends, family, employers, co-workers, teachers, prison psychologists, and others,
• A statement of the reason you are seeking the COR,
• Proof of residence, and
• Anything else that would help to establish your good character, rehabilitation and eligibility.

The court will also look at:

• The trial record and/or record of court proceedings,
• Your criminal history (including the facts and severity of the crime),³⁴
• Your prison record,
• How long it has been since you completed probation or parole,
• Family and community ties, and
• Arguments (if any) presented by the D.A.³⁵

How long does it take to get a COR?

From start to finish, the process of obtaining a Certificate of Rehabilitation is usually about two to six months.

Typically, it takes about 120 days from filing the petition to the date of the hearing. It varies from county to county.

An experienced California criminal lawyer can help you determine how long it will take to process your applications.

7. What happens when the court grants a Certificate of Rehabilitation?

When the court grants a Certificate of Rehabilitation, it forwards a copy to:

• The California Governor’s office,
• The Board of Parole Hearings,
• The California Department of Justice, and,
• If you were twice (or more) convicted of a felony, to the California Supreme Court.³⁶

Note that the governor may not grant a pardon to you if you were convicted of two or more felonies unless a majority of the Supreme Court judges recommend it.³⁷

Automatic Application for a Governor’s Pardon

When a COR is granted, it automatically becomes an application for a California governor’s pardon.³⁸ No further action by you is needed.

A governor’s pardon can confer several additional benefits, including:

• Restoring California gun rights,³⁹ and
• If you are a non-citizen, preventing deportation.

The governor’s office may or may not choose to seek additional information from you or the Parole Board.⁴⁰ The Governor is not legally required to seek any such information or to grant a pardon.⁴¹

What happens to my criminal record after a COR has been granted?

A Certificate of Rehabilitation does not expunge or erase your criminal record. Though once it has been granted, the Department of Justice will forward a copy to the Federal Bureau of Investigation (FBI).⁴²

Your criminal record will then reflect that a Certificate of Rehabilitation has been granted in connection with the specified offense(s).

8. What if the court denies the application?

If the court denies your petition for a Certificate of Rehabilitation, you can appeal.

Unlike filing a petition, there is a fee to file an appeal. Since granting a petition is within the court’s discretion, appeals usually fail.

So a better option is usually to wait and try again at a later date.⁴³

9. Can a COR keep me from being deported?

A California Certificate of Rehabilitation does not prevent a crime from being used to deport you if you are a non-citizen.

However, getting a COR is the first step to obtaining a governor’s pardon, which often does prevent deportation (unless the conviction is for a drug crime).

10. How else can I clear a criminal record in California?

Several options besides a Certificate of Rehabilitation and governor’s pardon are available to you if you have a criminal record.

Reduce a Felony to a Misdemeanor

You may be able to get a California felony conviction reduced to a misdemeanor.

You are eligible for this procedure if you were:

• Convicted of a “wobbler” crime as a felony, and
• Sentenced to and completed felony probation for the offense.⁴⁴

Expungement

Expungement (under Califronia Penal Code 1203.4 PC) offers certain benefits that a COR does not. These include:

• Protection against employment discrimination based on the expunged conviction,⁴⁵
• Making it easier to obtain a state professional license, and
• Preventing the expunged conviction from being used to impeach your credibility as a witness in court (unless you are the defendant in a subsequent case).⁴⁶

Seal and Destroy an Arrest Record

You may be eligible to get a California arrest record sealed and destroyed as a matter of right if:

• You who were arrested but never convicted, or
• Your conviction was vacated on appeal.⁴⁷

If you were adjudicated to be a juvenile delinquent, you are also eligible to get your juvenile record sealed and destroyed if:

• You are 18 or older OR five years have passed since the jurisdiction of the juvenile court terminated;
• You have not been convicted of a crime involving moral turpitude as an adult; and
• The original crime was not a particularly serious offense (such as murder, torture or robbery) committed after you turned 14.⁴⁸

Commutation of Sentence

If you are serving time, you may be eligible to get a sentence commuted by the California governor. A commutation does not restore lost civil rights but it can:

• reduce a sentence or
• make you immediately eligible for parole.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Redemption at a Correctional Turning Point: Public Support for Rehabilitation Ceremonies – Federal Probation.
• Criminal Records, Positive Credentials and Recidivism: Incorporating Evidence of Rehabilitation Into Criminal Background Check Employment Decisions – Crime & Delinquency.
• An Analysis of Certificates of Rehabilitation in the United States – Corrections.
• From Criminal Confinement to Social Confinement: Helping Ex-Offenders Obtain Public Housing with a Certificate or Rehabilitation – New England Journal on Criminal & Civil Confinement.
• Certificates of Rehabilitation and Other Forms of Relief from the Collateral Consequences of Conviction: A Survey of State Laws – ABA.

---

Legal References: