Certificate of Rehabilitation.

The eligibility requirements and procedures for obtaining a certificate of rehabilitation are jurisdiction-specific. This is not a federal remedy, and each state has different laws, rules, and procedures that apply. If you are seeking relief in a particular state, we recommend contacting a local attorney to determine if a certificate of rehabilitation is available. A certificate of rehabilitation is different from several other legal remedies available in the criminal justice system, and it should not be confused with: - Expungement

• Sealing
• Conviction reduction (i.e., a reduction in the grade of the offense)
• A pardon In California, a certificate of rehabilitation is a court order that recognizes the individual’s demonstrated commitment to law-abiding behavior following their criminal conviction. Individuals often think that once they have undergone the mandated “rehabilitation period,” the court or state board will automatically issue a certificate of rehabilitation. Unfortunately, completing the required period is merely the first step towards obtaining eligibility. In California, for example, the time required depends on the nature and classification of the underlying criminal conviction. However, completing the time only means that the individual is eligible for the certificate; it is not a guarantee that one will be issued. Under California law, a certificate of rehabilitation is a judicial finding that the person seeking relief is rehabilitated to the extent that it is in the interests of justice to grant the certificate. Importantly, the certificate does not erase the person’s prior criminal conviction. It recognizes the person’s current status, and does not change the past fact that the individual was convicted of a crime.

Which California Convictions Can Qualify for a Certificate of Rehabilitation? How Long Must the Rehabilitation Period Last?

Applicants for a California certificate of rehabilitation must satisfy a variety of substantive and procedural requirements. These requirements include, but are not limited to:

• The applicant must generally have five years of continuous residence in California following their release from incarceration or discharge from probation.
• The rehabilitation period must last at least five years.
• The underlying conviction must qualify an individual for a pardon (with some exceptions).

Importantly, an individual’s application for a California certificate of rehabilitation is determined by the nature and classification of the offense for which they were convicted. The Penal Code allows individuals to seek certificates of rehabilitation based upon convictions for various offenses, including:

• California prison commitments. The Penal Code is clear that individuals who are committed to prison for a “Except as specified in subdivision (b), a person convicted of a felony may file a petition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter.” qualify to seek certificates of rehabilitation under California law.
• California county-jail commitments under Penal Code section 1170(h). Under this section of the California Penal Code, certain offenses qualify individuals for jail commitment based on their prior criminal history. These jail commitments also qualify individuals to seek certificates of rehabilitation.
• Felony probation convictions. While felony probation convictions can also support an application for a California certificate of rehabilitation, the Penal Code also makes clear that individuals whose felony probation convictions have been expunged are eligible to petition for a certificate of rehabilitation.
• Qualifying misdemeanor sex offense convictions. Along with felony probation convictions, individuals whose qualifying misdemeanor sex offense convictions have been expunged are also eligible to petition for a certificate of rehabilitation in California.

Felony convictions for murder, kidnapping, and some registrable sex offenses generally require additional rehabilitation time under the Penal Code, but certain specified sex offenses are excluded from this chapter. These offenses are not categorically excluded from seeking certificates of rehabilitation in California. However, this exception does not apply to any individual who is seeking a certificate of rehabilitation due to a conviction for one of these offenses which has subsequently been expunged under the Penal Code.

How Does a Petition for a Certificate of Rehabilitation Move from Filing to a Court Decision in California?

A petition for a certificate of rehabilitation in California may be filed in the superior court of the county where the individual resides or where the individual was convicted. When filing the petition, it is important to include a comprehensive and detailed description of the individual’s rehabilitation following the underlying conviction. Once the court reviews the petition, if it determines that it will proceed with a hearing, the judge will set a date for the hearing to take place within that same superior court. Along with scheduling the hearing, the court must also ensure that relevant parties receive notice of the hearing. This typically includes the District Attorney’s Office in the county where the petition is filed and the Governor’s Office. In addition, if the individual has previous convictions in other counties, the court may send notice to prosecutors in those jurisdictions as well. This notice requirement allows prosecutors to attend the hearing and present arguments in opposition if necessary. Unlike petitions for pardons and several other forms of post-conviction relief in California, petitions for certificates of rehabilitation generally do not require any attorney-prepared evidence, psychological evaluations, or other similar types of third-party documentation. Instead, the judge will review the petition, any documentation the individual submits along with the petition, and the individual’s criminal record. This record may contain documentation, testimony, and other evidence that an applicant’s attorney has filed and submitted to the court in previous cases. The judge reviews the available documentation and criminal history to determine if the individual meets the requirements for receiving the certificate. If the record does not provide sufficient evidence, the judge may require additional testimony during the hearing. Based upon a review of all pertinent information and any testimony presented, the judge will make a final determination.

What Can a California Certificate of Rehabilitation Affect Without Restoring Every Right?

While not providing the protections that a full and unconditional pardon may provide, a California certificate of rehabilitation automatically functions as an application for a gubernatorial pardon. In California, once the superior court grants a certificate of rehabilitation, the certificate will be forwarded to the Governor’s Office for review. If the Governor sees fit to grant a pardon, the pardon will be issued shortly thereafter. This may take months or years, and there is no guarantee that the Governor will grant the pardon even if the underlying petition has been approved by the court. Depending on the purposes for which an individual is seeking a pardon, a full and unconditional pardon may be required for relief that is not provided by a certificate of rehabilitation, for example, relief from criminal firearm restrictions. These restrictions are more likely to be removed if the underlying conviction has been expunged, and if so, relief from these restrictions can still be challenging even in that scenario. A certificate of rehabilitation can provide protection against automatic license revocation in certain cases, but this is again limited in scope. When applying for or seeking to maintain a professional license in the state of California, individuals may be asked to disclose whether they have been convicted of any criminal offenses. When they disclose such convictions, they are generally in need of a certificate of rehabilitation.

The Penal Code makes clear that professional licensing agencies cannot automatically deny individuals’ professional license applications just because the individual has certain types of criminal convictions. In many cases, however, demonstrating commitment to rehabilitation is still a part of the process of being granted a professional license. The certificate of rehabilitation can serve as sufficient documentation of this. Yet, this type of protection does not require the professional licensing agency to grant the applicant a license. The agency can still deny a license application based on grounds other than the individual’s underlying criminal convictions.

How Do New York and Nevada Certificates of Rehabilitation Change the Analysis?

Unlike California, New York is home to two types of certificates for individuals to seek based upon their criminal records: a Certificate of Relief from Disabilities and a Certificate of Good Conduct. A Certificate of Relief from Disabilities is available to individuals who are convicted of most offenses in New York. If a professional licensing agency denies an individual’s application because of an underlying conviction for which they are sentenced to incarceration, the Certificate of Relief can create a presumption of rehabilitation. Yet, a Certificate of Relief still does not remove the need to disclose the underlying criminal conviction on applications or state or federal employment forms. In fact, some state and federal forms clearly request a disclosure about whether the applicant has any criminal history, and these questions will need to be answered in the affirmative, regardless of whether the individual has a Certificate of Relief.

The certificate can also be useful when it comes to avoiding certain adverse immigration consequences, but, even in this scenario, it does not provide immunity from federal deportation. A Certificate of Relief is available to an eligible offender who has been convicted of a crime or offense but has not been convicted more than once of a felony. In Nevada, there is a rehabilitation certificate known as a Certificate of Good Conduct. An individual who is eligible to obtain a Certificate of Good Conduct cannot use the certificate to obtain expungement, because Nevada does not expunge criminal records. Additionally, the certificate can be useful when it comes to avoiding certain adverse consequences of the underlying criminal conviction. Like in California, the Certificate of Good Conduct does not erase the underlying criminal conviction from the individual’s record, but rather serves as evidence of rehabilitation.

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