Certificates of Rehabilitation in California

A certificate of rehabilitation is a court order that declares your rehabilitation to the world. It also automatically recommends you to the governor for a pardon. If you’re not eligible for an expungement, you can still clean up your record through a certificate of rehabilitation. Or you may want to apply for one even though you’ve already expunged your conviction.

Like an expungement, a certificate of rehabilitation will bring better job prospects and a better chance at getting a professional license. Unlike an expungement, it won’t allow you to say that you have no conviction.

But also, unlike an expungement, a certificate of rehabilitation can relieve you from having to register as a sex offender. The court will deny it, however, if it finds you’re a continuing threat to minors. Or the district attorney’s office can petition to rescind it on that ground.

To qualify, you must show that you live “an honest and upright life” and have demonstrated rehabilitation for a number of years after you were released from custody or put on probation or parole. You can’t still be under supervision, and the number of years depends on the nature of your conviction. In a nutshell, it’s nine years if you were convicted of a serious violent crime; ten years if you were convicted of most sex offenses that require sex-offender registration; and seven years for anything else. You also must prove that you’ve lived in California for at least five years before you filed your petition.

Who’s ineligible? Well, you’re not eligible if you don’t meet the above criteria. But you’re also ineligible if you were convicted of a serious sex offense involving a minor. If that’s the case, you can still ask the governor directly for a pardon, but you’ll need to show extraordinary circumstances to get it. Finally, you’re not eligible for a certificate of rehabilitation if you were convicted of a misdemeanor, unless it was a sex offense that required registration.

How do you do it? You can find more information from the governor’s office here, and you can pull the appropriate forms from your local courthouse, public defender, or probation department. The court may even appoint counsel to represent you. Or, if you can afford it, retain counsel to make the best case for you.

Expunging Criminal Records in California

It ain’t just for kids, after all. Anyone who’s eligible can petition to expunge a criminal conviction in California. Here’s what you need to know.

Like we explained last week, the term “expungement” is a misnomer because it doesn’t erase the conviction or wipe the slate clean. But that’s still how lawyers and judges will refer to it. Technically, it’s called a dismissal under Penal Code section 1203.4 or other such section. So you’re still going to have a rap sheet, in other words.

But it will add a line item to your rap sheet that shows the case was dismissed. If you had pleaded guilty before, the court will permit you to withdraw your plea. If you were convicted at trial, the court will set aside that verdict. Either way, the court will then dismiss the case.

In most situations, that means you can legally and truthfully say that you don’t have a conviction. That can help on a job application, for example, though the rule is different for public employers like law-enforcement agencies. In all situations, you can at least say that the conviction was dismissed, because it was.

Most employers aren’t even supposed to ask about convictions that have been dismissed, and they’re not supposed to rely on them in their decision-making. The exceptions include public employers like law-enforcement agencies.

Most licensing boards, on the other hand, can ask about them, and you should answer by disclosing both the conviction and the dismissal. They’re not supposed to deny a license basely solely on a conviction that has been expunged or dismissed.

You’re eligible to expunge a felony or misdemeanor if you were sentenced to probation or the county jail. If you successfully completed probation or had it terminated early then you are entitled to the dismissal. If you didn’t then you can still win if you can persuade the court of your rehabilitation. If you went to county jail on a felony then you’re eligible one or two years after the end of your sentence; it depends on whether you served a split sentence that included post-release supervision (one year) or a full sentence in jail (two years). Or, if you didn’t get probation on a misdemeanor then you’re eligible if it’s been over a year since you were sentenced, and you’ve completed that sentence and otherwise done well.

You’re not eligible if you were sentenced to state prison, unless you would go to county jail for the same offense today or the court suspended the execution of your prison sentence and put you on probation instead. You’re also not eligible for certain sex offenses involving minors, including child pornography or statutory rape if you were 21 or older and the minor was younger than sixteen.

So how do you do it? Here’s a guide from the official website of the California courts that can help you do it yourself. But you should check your own county’s rules and forms, too. Here’s the link for Orange County, for example. Or, if you can afford it, get a lawyer. He or she will navigate the process for you and help you put your best foot forward. Plus, you may not ever have to go to court yourself.

Expunging Juvenile Records in California

If you spent time in juvie, and you don’t qualify to seal your records, you can still petition to expunge your case.

If the court grants your petition, it will set aside the finding of guilt, dismiss the case, and release you from all penalties resulting from it. That’s what the statute says, anyway.

In reality, an expungement doesn’t erase the past or wipe the slate clean. It won’t seal your records and destroy them. It can’t spare you from registering as a sex offender. And if you pick up another case, the prior can be used against you as a strike or other enhancement.

But it’s still worth it because it reflects your rehabilitation and efforts toward it. Your rap sheet will no longer show a conviction as the last line item for the case. Instead, it will show the case as being dismissed. In most situations, you can legally answer that you don’t have a conviction at all. In all situations, you can at least say that the conviction was dismissed, because it was. That can improve your odds of getting that job, loan, housing, or license.

So it gives you a fresh start.

The Restoration of Rights Project

Have you ever been arrested? Do you have a prior conviction?

Do you wonder whether you can clean up your record and how that affects you, if at all?

Start here. It’s called the Restoration of Rights Project, and it looks at the law in every state for restoring your rights and status after an arrest or conviction. It covers federal law, too.

For each state, the Project compiles answers to these questions:

  1. Whether and how you can seal, expunge, or dismiss your arrest or conviction.
  2. Whether and how you can restore your civil rights, like the right to vote.
  3. Whether and how your state’s laws affect your chance of landing a job or license, losing one, or getting it back.
  4. Whether your state has a regular process to apply for a pardon and how often it grants one.
  5. Whether and how you can stop having to register as a sex offender.

It’s a great resource not just for lawyers and the courts but for, in its words, “the millions of Americans with a criminal record who are seeking to put their past behind them.”

How a Criminal Record Can Keep You Unemployed for Life

Imagine a 44-year-old man who lives with his wife and three kids in East Harlem, New York.

Trying to make ends meet, the man puts in for as many part-time gigs as possible until he can land a steady, full-time job to support him and his family. In one of his part-time jobs, he’s a porter and doorman at a swanky high-rise building in the East Village, and he loves it. Even though he sometimes gets calls to run errands in the middle of the night, he always says yes because the pay is great (at $17/hour) and the position holds promise that he’ll be hired there full time.

Until then, though, he needs all the work he can get, so he applies for another part-time job at a building across the street, and in the application, he truthfully discloses a burglary conviction from twenty years ago. Too bad for him. Suddenly, the swanky building at which he hoped to build a future stops giving him shifts. He calls his boss to find out why, and he’s told that they found out about his record, and he can’t work there anymore.

The man committed the burglary when he was 22. He was a lousy burglar, and he soon got caught. The judge didn’t sentence him to jail or prison, giving him five years’ probation instead, and the man earned his release from probation in two years. But twenty years later, the conviction is still there, and he can never serve enough of a sentence to step out from its shadow.

These collateral consequences of a criminal conviction affect us all. They are part of the problem of over-criminalization, and they create a permanent underclass of the underemployed and unemployable. According to most estimates, the percentage of working-age adults with criminal records lies somewhere between 25 and 33 percent. In 2006, the Justice Department pegged the number at 30 percent. Those numbers alone make you wonder what it all means when we talk about “those” criminals.

If you have a criminal conviction in your past, you may have options worth exploring to rehabilitate your record. You should consult with a lawyer in your jurisdiction about whether you can have your conviction(s) expunged from your record or whether there are other forms of relief that are available to you.

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