State of California Office of the Governor HOW TO APPLY FOR A PARDON Statement of Philosophy A Governor's pardon is an honor usually granted only to individuals who have demonstrated a high standard of constructive behavior following conviction for a felony, or in some cases for certain specified misdemeanor sex offenses. A pardon will not be issued unless it has been earned. Obtaining a pardon is a distinct achievement based upon proof of a useful, productive, and law-abiding life following conviction. It is a worthy and admirable goal, requiring sincere effort and commitment. In accord with the above philosophy, pardon applications will not be considered unless an applicant has been discharged from probation or parole for at least ten years and has not engaged in further criminal activity during that period. While the receipt of a Certificate of Rehabilitation will be considered in evaluating a pardon application, it is but one factor and is not the sole determinant. The ten-year rule may be waived in truly exceptional circumstances, if the applicant can demonstrate an earlier, specific need for the pardon. Once the above-discussed criteria have been met, the application will be reviewed to determine whether the applicant has met the standards set forth in California Penal Code section 4852.05, which states, ''During the period of rehabilitation, the person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land.'' Pardons Any person who has been convicted in California of a felony, or a misdemeanor sex offense specified in Penal Code section 290, the accusatory pleading of which has been dismissed pursuant to Penal Code section 1203.4, may apply to the Governor for a pardon. Applications for pardons may be made either by way of an application for a Certificate of Rehabilitation, or through a direct traditional pardon application. The procedure utilized will depend on the circumstances of the applicant, as explained later. Once an application for a pardon is filed under either procedure, the Governor reviews the case. The Governor has complete discretion in deciding whether to grant a Pardon, and a pardon is not granted to every person who applies. Pardon investigations are conducted for the Governor by the California Board of Prison Terms, Investigations Division. There are no county or state fees for applying for a pardon in California. Effect of a Pardon When a Certificate of Rehabilitation or pardon is granted, the California Department of Justice and the Federal Bureau of Investigation are notified. These agencies' records are then updated to show that a Certificate of Rehabilitation or a pardon has been granted in regard to the conviction. A pardon is also filed with the Secretary of State, reported to the Legislature, and becomes a matter of public record. Although no effort is made to publicize the pardon application or issuance, there is no guarantee that the issuance of a pardon to a particular person will not become known to the public. 2000 (C) American LegalNet, Inc. Restoration of Rights The granting of a pardon entitles the applicant to exercise additional civil and political rights of citizenship. The most frequent reasons people apply for a pardon are for personal satisfaction, for licensing or bonding purposes, and to restore firearms privileges. Another frequent reason is to enhance employment opportunities, even when no legal disability exists. A pardon does not seal or expunge the record of the conviction. (California Penal Code section 4852.17.) Prior convictions may be considered after the granting of a pardon, if the person is subsequently convicted of a new offense. A person who has been pardoned cannot state that he or she has no record of arrests or convictions. The person can state that he or she has been convicted and has been pardoned. An ex-felon becomes eligible to vote after being terminated from probation or discharged from parole. (California Constitution, article 11, section 4.) A pardon is not necessary to be eligible to vote. A person who receives a pardon may serve on a trial jury. (California Code of Civil Procedure section 203(a)(5) and California Penal Code section 4852.17.) An ex-felon who receives a full and unconditional pardon can be considered for an appointment to a peace officer position as a county probation officer or state parole agent, but cannot hold other peace officer positions. (California Government Code section 1029.) A person convicted of a felony cannot own, possess, or have access to any type of firearm, including a rifle or shotgun. (California Penal Code section 12021.) However, if a full and unconditional pardon is granted by the Governor, the person pardoned may own and possess any type of weapon that may lawfully be possessed and owned by other citizens in California. The Governor cannot restore firearms rights to a person who has been convicted of any offense which involved the use of a dangerous weapon. Pardons for out-of-state residents must specifically state that rights pertaining to firearms are restored. A California pardon does not necessarily permit the possession of weapons under the laws of another state or the federal government. The law pertaining to the restoration of rights to own and possess firearms can be found in California Penal Code section 4854. If you have not obtained a pardon restoring your firearms rights, and you have access to a firearm of any type, you are in violation of the law. For example, having a firearm registered to a spouse, but readily available to you in your place of residence, is a violation. The granting of a pardon does not prevent some licensing agencies from considering the conviction which has been pardoned in its determination of whether a license to practice certain professions should be granted or restored. The law pertaining to the effect of a full pardon on licensing boards can be found in California Penal Code section 4853. A California pardon does not apply to convictions suffered in another jurisdiction. A person convicted in another state or in a federal court must apply for a pardon to the other state or the federal government. Federal pardon information can be obtained by writing to the Pardon Attorney, U.S. Department of Justice, 500 First Street Northwest, Washington, DC 20530. Certificate of Rehabilitation A Certificat