July 9, 2018 By Wallin & Klarich

Have you been convicted of a felony in California or been convicted of a felony or misdemeanor sex offense that requires you to register as a sex offender? If so, you may not have to carry the weight of your past on your shoulders anymore. With a Certificate of Rehabilitation, you can move on with your life.

What is a Certificate of Rehabilitation?

Certificate of RehabilitationA Certificate of Rehabilitation is a court order declaring that a person convicted of a felony is now rehabilitated. Generally, if you were convicted of a felony and you still reside in California, you can hire a skilled criminal defense attorney to assist you in filing a petition for a Certificate of Rehabilitation, provided that you the meet the requirements of demonstrated rehabilitation.

Those eligibility requirements include:

  • You were convicted of a felony or a misdemeanor sex offense that requires you to register as a sex offender and that felony or misdemeanor sex offense was dismissed under Penal Code Section 1203.4
  • You are no longer in custody or on parole or probation, and you have not been incarcerated since your release
  • You are not on probation for any other offense, and
  • You have continuously resided in California for five years

 

If you meet all of these requirements, then you could be eligible for a Certificate of Rehabilitation. You may also be eligible if:

  • You were convicted of a felony after May 13, 1943
  • You were sentenced to state prison and you were discharged from custody or released on parole, and
  • You have continuously resided in California for five years

 

The period of rehabilitation begins to run upon your discharge from incarceration or upon your release on probation or parole. The period of rehabilitation requires five years residence in California, PLUS:

  • 4 years if you were convicted under Penal Code Sections 187, 209, 219, 4500, or 12310, or Millitary & Veterans Code section 1672(a), or any other offense that carries a life sentence; or
  • 5 years for any person convicted of any offense for which sex offender registration is required under Penal Code Section 290, except for convictions for violations of subdivision (b), (c), or (d) of section 311.2 or of section 311.3, 311.10, or 314 (these convictions require an additional two years); or
  • 2 years for any person convicted of any offense not listed above that does not carry a life sentence

 

Persons who are not eligible for a Certificate of Rehabilitation are:

  • Those who were convicted of non-sex related misdemeanor offenses
  • Those who were convicted of sex offenses under Penal Code Sections 286(c), 288, 288a(c), 288.5, or 289(j)
  • Those who are serving a mandatory life parole
  • Those committed to prison under a death sentence, and
  • Those persons in military service

Contact Wallin & Klarich Today for a Certificate of Rehabilitation

Our law firm can help you find out if you are eligible for a Certificate of Rehabilitation. Contact our skilled and knowledgeable post-conviction relief attorneys today so we can discuss your eligibility. If you are eligible, we can help you prepare a winning rehabilitation packet and apply for a Certificate of Rehabilitation.

Call Wallin & Klarich today at (888) 280-6839 and let us take the weight of your past off your shoulders by assisting you in the best way possible in obtaining a Certificate of Rehabilitation.

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