Certificate Of Rehabilitation: A suggestion For Governor's Pardon

A someone discharged from custody or released on parole or probation for a felony conviction may file a motion for certificate of rehabilitation and pardon under California Penal Code Section 4852.01.

Once granted by the trial court hearing the petition, a certificate of rehabilitation merely serves as a hint that the Governor grant a full pardon to the petitioner, pursuant to Penal Code Section 4852.13.

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No filing fee nor court fee of any kind is required of a petitioner seeking a certificate of rehabilitation, under Penal Code Section 4852.09.

Hearing On motion And Required Evidence:

The court hearing the motion may require testimonies as well as documentary evidence from the petitioner and/or the district attorney, who may be requested to investigate: the residence, the criminal record, the representation made to the court by, and the show the way while the period of rehabilitation of, the petitioner as well as any other facts requested by the court, under Penal Code Sections 4852.1 and 4852.12.

If after hearing, the court finds that the petitioner has demonstrated his or her rehabilitation and fitness to rehearsal all of the civil and political possession of citizenship, the court may issue an order declaring the petitioner rehabilitated and recommending pardon by the Governor, under Penal Code Section 4852.13.

The order is filed with the clerk of the court, and is known as a certificate of rehabilitation. It is immediately transmitted to the Governor, to the Board of Prison Terms, and the group of Justice, under Penal Code Section 4852.14

Persons Not Eligible For Certificate of Rehabilitation:

The following persons are not eligible for certificate of rehabilitation under Penal Code Section 4852.01(d):

Persons serving a mandatory life parole (life parolees); Persons committed under or serving death sentences; Persons convicted of sex offenses in violation of Penal Code Section 286(c), 288, 288(a)(c), 288.5 or 289(j); and Persons in the military service.

But persons convicted of a felony or misdemeanor violation of any sex offense specified in Penal Code Section 290, the accusatory pleading (Complaint) of which has been dismissed pursuant to Penal Code Section 1203.4, may file a motion for certificate of rehabilitation; in case,granted that the petitioners have not been incarcerated in any prison, jail, detention facility, or other penal convention or group since the extraction of the complaint/indictment and is not on probation for the commission of any other felony.

Period of house In California Prior To Filing of Petition:

The required period of house in California for the petitioner for a certificate of rehabilitation depends on the date of issue from prison after completion of the sentence term or issue on parole. If the issue is prior to May 13, 1943, the period of house is three years prior to the filing of the motion for a certificate of rehabilitation, under Penal Code Section 4852.01(a).

For the petitioner released on or after May 13, 1943, the required period of house in California is five years prior to the filing of the petition, under Penal Code Section 4852.01(b) and (c).

The petitioner is required to present satisfactory evidence of the three-year or five-year period of house in California prior to the filing of the motion for certificate of rehabilitation and pardon.

Period of rehabilitation Of 5 Years From extraction Or issue From Prison:

Aside from house requirement, Penal Code Section 4852.03 requires a minimum of 5 years' house in California as the period of rehabilitation to begin to run from extraction from custody due to completion of the term of sentence or upon issue on parole or probation, whichever is sooner.

In addition to the five years of period of rehabilitation, four years are added in the case of a someone convicted of definite crimes: Penal Code Section 187 (murder), 209 (kidnapping for ransom etc.), 219 (train derailment), 4500(assault by force etc.), 12310 (unlawful explosion etc.), or commission of an offense carrying life sentence.

Five years are added in the case of a someone convicted of an offense for which sex offender registration is required under Penal Code Section 290, except for definite violations for which only 2 years are added.

And 2 years are added in the case if a someone convicted of an offense not listed above that does not carry a life sentence.

But the trial court hearing the motion may enlarge the statutory period of rehabilitation for an additional period of time, which when combined with time already served, will not exceed the period prescribed by statute for the sum of the maximum penalties for all the crimes, if the defendant-petitioner was ordered to serve consecutive sentences.

The show the way of a rehabilitated someone should demonstrate: (1) living an honest and upright life; (2) with sobriety and industry; (3) good moral character, and (4) conformity to and obedience of the laws of the land, under Penal Code Section 4852.05.

Conclusion:

The grant of a certificate of rehabilitation by the trial court hearing the motion for certificate of rehabilitation and pardon does not guarantee that the Governor will grant pardon to the petitioner. But it is a required first step as a recommendation.

(The Author, Roman P. Mosqueda, has practiced criminal defense in the Philippines and California for more than 20 years. He is a long-time member of the California group Defenders Association. For comments, e-mail to rpm_law@yahoo.com, or call (213) 252-9481 for free first consultation.)

Certificate Of Rehabilitation: A suggestion For Governor's Pardon