SUPERIOR COURT OF CALIFORNIA COUNTY OF YUBA ST AT E Y S UPE R IO IA YUBA T UN O U RT RC CO CERTIFICATE OF REHABILITATION AND PARDON INSTRUCTION PACKET N OF CALIFOR FORMS INCLUDED IN THIS PACKET General Information – Certificate of Rehabilitation General Information – Pardon Instruction Sheet – Certificate of Rehabilitation & Pardon “How to Apply for a Pardon” – State of CA, Office of the Governor Petition for Certificate of Rehabilitation & Pardon Notice of filing of Petition for Certificate of Rehabilitation & Pardon Certificate of Rehabilitation YCSC Form # CM09053 YCSC Form # CM09054 YCSC Form # CM09055 Information Sheet from www.cdcr.ca.gov CA Dept. Corrections & Rehab. Form 1 CA Dept. Corrections & Rehab. Form 2 CA Dept. Corrections & Rehab. Form 3 ________________________________________________________________________________________________________________________ Form Adopted for Mandatory Use Certificate of Rehabilitation and Pardon Yuba County Superior Court Effective 11/16/09 Amended 3/16/10; Amended 4/18/11 American LegalNet, Inc. www.FormsWorkFlow.com GENERAL INFORMATION PETITION FOR CERTIFICATE OF REHABILITATION (Penal Code § 4852.01 et. seq.) The granting of a Certificate of Rehabilitation restores to the applicant some of the rights of citizenship which were forfeited as a result of a conviction. Defendants convicted of a felony, or a misdemeanor sex offense specified in Penal Code § 290, and who were granted probation, must obtain relief pursuant to Penal Code § 1203.4 before a Certificate of Rehabilitation may be granted. PURPOSE Does: Relieve specified sex offenders of further duty to register. (Penal Code § 290.5(a)) Enhance an ex-felon potential for becoming licensed by state boards. (Penal Code § 4853) Serve as an official document to demonstrate an ex-felon’s rehabilitation, which could enhance employment possibilities. Serve as an automatic recommendation and application to the Governor for a pardon. Does Not: Erase the felony conviction or seal the criminal record. (Penal Code § 4852.17) Prevent the offense from being considered as a prior conviction if the person is later convicted of a new offense. Allow an ex-felon to answer on employment applications that he/she has no record of conviction. Give an ex-felon the right to vote. This right is automatically restored after termination from probation or discharge from parole. ELIGIBILITY CRITERIA A Person is eligible to apply for a Certificate of Rehabilitation if he/she: Has been convicted of a felony and served a sentence in a California prison or other state penal institution or agency; Was discharged on completion of the sentence or released on parole prior to May 13, 1943; Has not been incarcerated in a state prison or other state penal institution or agency since being released; and Presents satisfactory evidence of three years residence in California immediately prior to the filing of the petition. OR Was convicted of a felony or a misdemeanor sex offense specified in Penal Code § 290, the accusatory pleading of which was dismissed pursuant to Penal Code § 1203.4; Has not been incarcerated in any penal institution or agency since the dismissal of the accusatory pleading; Is not on probation for the commission of any other felony; and Presents satisfactory evidence of five years residence in California immediately prior to the filing of the petition. OR Was convicted of a felony and, on May 13, 1943, was confined in a state prison or other institution or agency to which he/she was committed, or was convicted of a felony after May 13, 1943 and committed to a state prison or other institution or agency. INELIGIBILITY CRITERIA Persons who are ineligible to apply for a Certificate of Rehabilitation include those who do not meet the above eligibility criteria and those who were/are: Convicted only of a misdemeanors (except those convicted of a misdemeanor sex offense specified in Penal Code § 290, which was dismissed pursuant to Penal Code § 1203.4) Convicted of Penal Code §§ 286(c), 288, 288a(c), 288.5 or 289(j). Serving a mandatory life parole. Committed to prison under a death sentence. In the military service. HOW TO APPLY A Certificate of Rehabilitation and Pardon Instruction Packet (YCSC Form CM09055) may be obtained from this court and may be found at www.yubacourts.org. ________________________________________________________________________________________________________________________ CM09053 Form Adopted for Mandatory Use GENERAL INFORMATION Yuba County Superior Court Petition for Certificate of Rehabilitation Effective 11/16/09 American LegalNet, Inc. www.FormsWorkFlow.com GENERAL INFORMATION APPLICATION FOR A PARDON (Penal Code §§ 4800.01 et. seq., 4853) Any person who has been convicted of a criminal offense in California may apply directly to the Governor for a pardon. The granting of a pardon restores to the applicant some of the rights of citizenship which were forfeited as a result of the conviction. The granting of a Certificate of Rehabilitation pursuant to Penal Code § 4852.01 automatically serves as a recommendation and application to the Governor for a pardon. PURPOSE Does: Allow an ex-felon to serve on a jury. (Code of Civil Procedure § 203(a)(5)) Allow restoration of firearm right, with federal approval, to specified offenders if granted a full and unconditional pardon, unless the conviction was for a felony involving the use of a dangerous weapon. (Penal Code § 4854) Allow certain ex-felons to be considered for an appointment as a county probation officer or state parole agent, but not to any other peace officer positions. (Government Code § 1029) Allow specified sex offenders still required to register after obtaining a Certificate of Rehabilitation to be relieved of the duty to register. (Penal Code § 290.5(b)(1)) Does Not: Seal or erase the record of conviction. (Penal Code § 4852.17) Prevent the pardoned offense from being considered as a prior conviction if the person is later convicted of a new offense. Allow a pardoned person to answer on employment applications that he/she has no record of conviction. Restore ability to own a firearm to ex-felons convicted of any offense involving the use of a dangerous weapon. (Penal Code § 48754) Pardon convictions from another state of federal convictions. Necessarily prevent deportation. TRADITIONAL PARDON The traditional pardon procedure (see Penal Code §§ 4800-4813) is available to those persons who are ineligible to petition for a Certificate of Rehabilitation. This procedure is used primarily, although not exclusively, by California ex-felons who reside out-of-state and are therefore unable to satisfy the residency requirement. The traditional pardon procedure is also available to those individuals who have convictions for Penal Code §§ 286(c), 288a(c), 288.5 and 289(j). HOW TO APPLY A Certificate of Rehabilitation and Pardon Instruction Packet (YCSC Form CM09055) may be obtained from this court and is available at www.yubacourts.org. ________________________________________________________________________________________________________________________ CM09054 Form Adopted for Mandatory Use GENERAL INFORMATION Yuba County Superior Court Application for a Pardon Effective 11/16/09 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTION SHEET CERTIFICATE OF REHABILITATION AND PARDON CERTIFICATE OF REHABILITATION: ELIGILIBILITY Refer to the “How to Apply for a Pardon” Information forms from the Office of the Governor of the State of California to determine eligibility. The office of the District Attorney reviews and confirms eligibility requirements and may conduct an investigation regarding rehabilitation. FILING FEES There are no filing fees or any other court-related fees required when filing a Certificate of Rehabilitation. (Penal Code § 4852.09) FILING THE PETITION 1. The petitioner must complete the following form: Notice of Filing for Certificate of Rehabilitation and Pardon (Form 2) – leaving the date, time and department area blank. 2. The form must be submitted or mailed to the following locations: Yuba County District Attorney 215 Fifth Street, Suite 152 Marysville, CA 95901 AND Yuba County Superior Court 215 Fifth Street, Suite 200 Marysville, CA 95901 ORDER TO SHOW CAUSE HEARING If the District Attorney’s Office determines the petitioner has not met the required eligibility criteria, it will notify the petitioner and Court of the ineligibility status. Upon receiving such notice, the Court will take no further action in the matter unless the petitioner files a motion to issue an Order to Show Cause regarding eligibility. HEARING DATE If the District Attorney’s Office determines that the petitioner has met the eligibility criteria, all parties will be mailed notice of the hearing date. PROVIDING NOTICE TO THE D.A. AND GOVERNOR Once a rehabilitation hearing date is set, the District Attorney’s Office will send copies of the Notice of Filing for Certificate of Rehabilitation and Pardon (Form 2) and the Petition for Certificate of Rehabilitation and Pardon (Form1) to: The Governor of California. The District Attorney of each County in which the petitioner was convicted of a felony. The District Attorney’s Office will send notification to each of these offices at least thirty (30) days before the hearing. PARDON: Upon the granting of a Certificate of Rehabilitation, the Court will forward the order to the Governor. This order constitutes an application for a pardon. ________________________________________________________________________________________________________________________ CM09055 Form Adopted for Mandatory Use INSTRUCTION SHEET Yuba County Superior Court Certificate of Rehabilitation and Pardon Effective 11/16/09 American LegalNet, Inc. www.FormsWorkFlow.com How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary behavior following conviction for a felony. A pardon will not be granted 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. The Governor has complete discretion in deciding whether to grant a pardon. A pardon is a privilege—not a right—and not granted to every person who applies. Absent extraordinary and compelling circumstances, an application will not be considered unless the applicant has been discharged from probation or parole for at least 10 years without further criminal activity during that period. The 10-year rule may be waived in truly exceptional circumstances (for example, factual innocence), if the applicant can demonstrate such circumstances warranting a specific need for the pardon. Pardons Applications may be accepted from any person who has been convicted in California of a felony or certain specified misdemeanor sex offenses. In most cases, the first step in applying is to obtain a Certificate of Rehabilitation from the superior court in the county where the applicant currently resides. All other cases are by way of a direct or "traditional pardon" application. The procedure utilized will depend on the circumstances of each applicant, as explained below. Once an application is filed under either procedure, the case is referred to the Board of Prison Terms (Board) for investigation. The Board may contact the district attorney, investigating law enforcement agency, and other persons with relevant information on the applicant. No fee is charged for applying for a pardon. Effect of a Pardon A pardon does not seal the individual's criminal record, and the pardon is itself a public record. When a pardon is granted, the California Department of Justice and the Federal Bureau of Investigation are notified so that they may update their records on the applicant. The pardon is filed with the Secretary of State, reported to the Legislature, and is a public record. American LegalNet, Inc. www.FormsWorkFlow.com Restoration of Rights The most frequent reasons for requesting a pardon are for personal satisfaction and for licensing, bonding, or other employment purposes. A pardon does not seal or expunge the record of the conviction. (Penal Code sec. 4852.17.) If the person is subsequently convicted of a new offense, the prior conviction may be considered even after a pardon has been granted. A person who has been pardoned cannot say that he or she has no record of arrests or convictions. The person can, however, say that he or she has been convicted and pardoned. A pardon is not necessary to vote. An individual convicted of a felony becomes eligible to vote in California after successful discharge from probation or parole. (California Constitution, art. II, sec. 4.) A person who receives a pardon may serve on a jury. (Code of Civil Procedure sec. 203(a)(5) and Penal Code sec. 4852.17.) A person convicted of a felony who receives a full and unconditional pardon may be employed as a state parole officer or as a county probation officer but cannot otherwise be employed as a peace officer. (Gov. Code sec. 1029.) A person convicted of a felony cannot own or possess firearms. (Penal Code sec. 12021.) If the individual receives a full and unconditional pardon, he or she may own or possess any type of weapon that may lawfully be possessed by others in California, unless the person was convicted of an offense that involved the use of a dangerous weapon. A California pardon does not necessarily permit the possession of weapons under the laws of another state or the federal government. The law governing the right to own or possess firearms can be found in Penal Code section 4854. The granting of a pardon does not prevent some licensing agencies from still considering the conviction in determining whether a license should be granted to practice certain professions. The law regarding licensing determinations can be found in Penal Code section 4853. The Governor of California cannot grant a pardon for a conviction suffered in another jurisdiction, such as another state or a federal proceeding. A person convicted in another state must apply for a pardon in that state. Federal pardon information can be obtained from the Pardon Attorney, U.S. Department of Justice, 500 First Street Northwest, Washington, D.C. 20530. Certificate of Rehabilitation A Certificate of Rehabilitation is a court order declaring that a person convicted of a felony is now rehabilitated. If a petition for a Certificate of Rehabilitation is granted, it is forwarded to the Governor by the court and constitutes the application for a pardon. The laws pertaining to the Certificate of Rehabilitation can be found in Penal Code sections 4852.01 to 4852.21. Receipt by the Governor of a Certificate of Rehabilitation does not guarantee that a pardon will be granted. American LegalNet, Inc. www.FormsWorkFlow.com Generally, any person convicted of a felony who still resides in California may apply to the superior court in his or her county of residence for a Certificate of Rehabilitation, provided that he or she meets the requirements of demonstrated rehabilitation required by law. (Penal Code sec. 4852.06.) Special laws apply to those convicted of sex offenses. Persons convicted of misdemeanor sex offenses specified in Penal Code section 290 may apply if the conviction has been dismissed under Penal Code section 1203.4. Persons convicted of felony offenses under Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j) are not eligible for a Certificate of Rehabilitation. A Certificate of Rehabilitation may relieve some offenders from having to register as a sex offender under Penal Code section 290. For more information on 290 registration requirements, contact the California Department of Justice, Sexual Registration Unit. Who May Apply You are eligible to apply for a Certificate of Rehabilitation if you: 1. were convicted of a felony and served your sentence in a California prison; and were discharged or released on parole prior to May 13, 1943; and have not been incarcerated in a state penal institution since release; and have resided for three years in California immediately prior to filing the petition. OR 2. were convicted of a felony, or a misdemeanor sex offense specified in Penal Code section 290 that was dismissed under Penal Code section 1203.4; and have been discharged from custody, parole, or probation; and have not been incarcerated in any penal institution, jail, or agency since release; and are not on probation for the commission of any other felony; and have resided for five years in California immediately prior to filing the petition. OR 3. were convicted of a felony after May 13, 1943; and were sentenced to state prison; and were discharged from custody or released on parole; and have resided for five years in California immediately prior to filing the petition. Persons who are not eligible to apply for a Certificate of Rehabilitation include: 1. those who do not meet the above requirements; or 2. those who were convicted of misdemeanors, except those convicted of a misdemeanor sex offense as discussed above; or American LegalNet, Inc. www.FormsWorkFlow.com 3. those who were convicted of sex offenses under Penal Code sections 286(c), 288, 288a(c), 288.5, or 289(j); or 4. those who are serving a mandatory life parole; or 5. those committed to prison under a death sentence; or 6. those persons in the military service. When to Apply Persons eligible for a Certificate of Rehabilitation may file a petition with the superior court in their county of residence once they have completed the period of rehabilitation. The period of rehabilitation begins to run upon discharge from incarceration or upon release on probation or parole. The period of rehabilitation requires five years residence in California, PLUS: 1. four years for persons convicted of Penal Code sections 187, 209, 219, 4500, or 12310, or Military and Veterans Code section 1672(a), or any other offense that carries a life sentence; or 2. five 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 3. two years for any persons convicted of any offense not listed above and that does not carry a life sentence; or 4. any additional years ordered by the court if the person served consecutive sentences. Procedure for Applying The petition for Certificate of Rehabilitation must be filed in the superior court of the applicant's current county of residence. (Penal Code sec. 4852.06.) The Petition for Certificate of Rehabilitation can usually be obtained from the court clerk, probation department, or public defender's office. The petitioner is required to notify the district attorney in their county of residence and the district attorney of each county in which the petitioner was convicted of a felony. The notice must identify all crimes for which the person is requesting a Certificate of Rehabilitation. The form for sending these notices can also be obtained from the court clerk, probation department, or public defender. Persons applying for the Certificate of Rehabilitation are entitled to assistance in processing their petitions from the county probation office(s), state parole office(s), and for persons under the age of 30, from the California Youth Authority. The person may also be represented by counsel of his or her own selection. If the person does not have counsel, he or she may be represented by the public defender, the probation department, or the court may assign counsel. (Penal Code section 4852.08.) Once a petition is filed, the court will schedule a hearing. Before the hearing, the court may require an investigation by the district attorney. At the hearing, the court may require testimony and records pertaining to the petitioner, including information about the conviction offense and the person's conduct while incarcerated and since release. American LegalNet, Inc. www.FormsWorkFlow.com If the court finds that the petitioner has demonstrated rehabilitation, the court may declare that the petitioner is rehabilitated. A certified copy of the Certificate of Rehabilitation issued by the court is transmitted to the Governor and becomes the application for a pardon. Upon receipt of the application, the Governor may request that the Board of Prison Terms conduct its own investigation and prepare a report. If the petitioner has been convicted of more than one felony in separate proceedings, the California Supreme Court must approve granting a pardon before the Governor may do so. Traditional Pardon The traditional pardon procedure is available to those who are not eligible for a Certificate of Rehabilitation. This procedure is used primarily by those who were convicted of felonies in California and now reside outside the state. The traditional pardon procedure is also available to individuals who are not eligible for a Certificate of Rehabilitation because they have been convicted of sex offenses under Penal Code sections 286(c), 288, 288a(c), 288.5, or 289(j), and those convicted of misdemeanor offenses. The traditional pardon procedure is covered by Penal Code sections 4800-4813. Applicants for a traditional pardon must write directly to the Governor's Office to request an application at the following address: Governor's Office State Capitol Attention: Legal Affairs Secretary Sacramento, CA 95814 The applicant should complete the Application for Clemency and return it to the Governor's Office. In addition, the applicant must send Notice of Intention to Apply for a Traditional Pardon to the District Attorney of each county in which the applicant was convicted of a felony. Applications may be forwarded by the Governor’s Office to the Board of Prison Terms for investigation and recommendation. If the applicant has been convicted of more than one felony in separate proceedings, the California Supreme Court must approve granting a pardon before the Governor may do so. As with those who apply via a Certificate of Rehabilitation, there is no requirement that the Governor entertain granting a pardon, and the length of time needed to complete the pardon process cannot be accurately predicted. Revised September 14, 2004 American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com American LegalNet, Inc. www.FormsWorkFlow.com