If you have been convicted of an offense, you might know the possible criminal penalties, like paying fines and serving time. While these penalties are severe, the conviction could also result in other sanctions affecting your life even after completing the required sentence. They include challenges finding housing, employment, financial aid, and mandatory sex offender registration. However, having a prior conviction(s) should not be your road to poverty or desperation, and you can seek relief by applying for a Certificate of Rehabilitation with the court. To increase your chances of the court granting your petition, you need a Fresno-based attorney who understands the intricacies of California post-conviction relief and can act swiftly, competently, and thoroughly to traverse the muddy waters of court proceedings. At California Criminal Lawyer Group, we are committed to protecting your rights and helping you have a fresh start in life and professionally. Once you contact us, we can review your case, collect your criminal record, complete and file your necessary paperwork on time, guide you throughout the process, and represent you in court.

An Overview of a Certificate of Rehabilitation (COR)

A conviction of any crime can affect your life even after facing court-imposed penalties since it will remain in your criminal record. Any person who conducts your background check will see the conviction, hindering numerous life opportunities. Fortunately, a COR can give you a clean start.

While it does not remove your criminal history, it has numerous benefits. It states you have displayed exemplary character several years after your criminal conviction.

It is also a first step in applying for a governor's pardon.

Pros of Filing a COR

COR is an automatic governor’s pardon application. The COR becomes your application for your pardon and is sent to the governor for consideration.

Other advantages of receiving a COR include the following:

  • After receiving a COR, nobody can use the criminal record against you during court proceedings.
  • Improves your possibility of acquiring a professional license.
  • It is a record that proves your rehabilitation, increasing your housing and job prospects.
  • It offers relief from the requirements for sex offender registration, provided you aren’t in police custody, on probation, or on parole. However, you are ineligible for this post-conviction relief if you were found guilty of the following crimes:
  1. Molesting a minor.
  2. Rape.
  3. Kidnapping intending to rape, sodomy, oral copulation, sexual penetration using a substance, or lascivious conduct with a child.
  4. Sexual assault against a minor.
  5. Felony sexual crimes.
  6. Sexual battery is a felony.
  7. Sodomy with a minor or using force.
  8. Lascivious conduct on a minor.
  9. Oral copulation with a minor or using force.
  10. Sexual conduct with a minor below ten.
  11. Continuous child sexual abuse.

Limitations of a COR

The post-conviction relief in question has its limitations (things it cannot do), including the following:

  • Erase your conviction or provide a seal of record.
  • It does not allow you to say that you have no criminal history (saying this becomes possible after dismissal or expungement of your charges ).
  • Restore the right to possess or purchase a firearm in California under PC 4854.
  • It does not prevent the judicial system from considering a previous conviction as an offense after a subsequent conviction.
  • Stop requirements for sex offender registration in some cases.
  • Stop your deportation as an immigrant. A COR is the initial step in acquiring a governor’s pardon that prevents your removal from the U.S. unless you are found guilty of a drug-related offense.

COR Requirements for Eligibility

You can file your application if you satisfy the following criteria:

  1. Your conviction was for a felony, and you were imprisoned in California and 
  • You got released on parole.
  • You have been residing in the state for three years before filing your petition.
  • Since your release, you have not spent time in state prison.

 

  1. Your sex offense conviction (whether a misdemeanor or felony), stated in California PC 290, was dismissed per PC 1203.4 and
  • You are on parole, on probation, or sentenced to prison.
  • You do not have probation for committing another felony.
  • Before filing your petition, you should have been a California resident for five years.

 

  1. You were found guilty of a California felony and
  • Served time in state prison.
  • You were released from jail or discharged on parole.
  • You have been living in California for five years before filing your petition.

You do not qualify to file a COR petition if the following applies to you:

  • You have not satisfied the criteria above.
  • You were sentenced for a California misdemeanor offense unless you were sentenced for sex crimes highlighted above.
  • You were found guilty of sodomizing a minor, child molestation, oral copulation with a minor, and continuous child sexual abuse.
  • You are serving a life sentence without parole.
  • You are committed to a state prison on a death sentence.
  • You are a military personnel.

Waiting Period for Petitioning the Court for Your COR

When seeking this relief, you must prove to the court that you are rehabilitated with good character and have a clean, stable record. Establishing a satisfactory period of rehabilitation means:

  • Residing in the state for at least five (5) years.
  • Waiting for two to five years from your release date to petition for your COR.

Your rehabilitation period starts ticking once you:

  • Complete probation or parole, or
  • You were released from your community service or mandatory supervision.

The law defines your rehabilitation period as the minimum duration that should have elapsed before receiving the COR. It does not guarantee your petition’s approval.

Additional 2-Year Waiting Duration

Per California law, you must wait seven years to seek post-conviction relief if you were sentenced for the following:

  • Indecent exposure.
  • Obscene conduct.
  • Sexual exploitation against a minor.
  • Child pornography offenses.

Additional 4-Year Waiting Time

You should wait nine (9) years before applying for relief if your conviction involved any of the following crimes:

  • Assault causing bodily harm.
  • Aggravated kidnapping.
  • Criminal acts using explosive devices leading to bodily injury or death.
  • Train commotion.
  • Murder.
  • Crimes punishable with life imprisonment.

Additional 5-Year Waiting Time

Under California law, you must wait ten years to petition the court if you were sentenced for a sex offense that carries the obligation of submitting your name to the sex offender registry.

Remember, you should wait for seven years if you were convicted of child pornography, indecent exposure, or sexual child exploitation.

The state can only review and give you a COR after you meet the waiting duration. However, this occurs in a few situations that serve justice’s interests.

Applying for Your Post-Conviction Relief in California

After satisfying your minimum waiting duration, you should file for a COR. Suppose your conviction was for a felony or one of a limited number of misdemeanor sex offenses. In that case, the legal process will involve the following steps:

  1. Fill Out and File Your Paperwork

The legal process starts when you acquire, fill out, and submit your paperwork to the Superior Court. You must be ready to fill out the documents below:

  • Notice of filing a petition for a COR.
  • Petition for a COR and pardon.

Fortunately, you can bring just one petition, even when seeking relief for multiple criminal counts.

You must fill out forms for a pardon because the COR is the initial step toward receiving a governor’s pardon.

  1. Acquiring Copies of Your Arrest History

The court requires all information about the criminal records and the offenses linked to the COR. You should provide the following details about the conviction:

  • The alleged criminal charges.
  • Your conviction’s date.
  • The place where the conviction took place.
  • When the probation department released you.
  • The court-imposed sentence.
  • Your release date from jail.

The convenient way to submit these crucial details is to obtain copies of the criminal history from the trial court or the Department of Justice.

For more information on acquiring the criminal record from the DOJ, visit the Office of Attorney General's official website. The cost of obtaining the records is twenty-five dollars.

  1. Gathering Evidence of Rehabilitation

The court will grant the COR, provided you convince it of your rehabilitation. You must present evidence establishing your positive and long-lasting life change. Some of the supporting pieces of evidence include the following:

  • Documents proving you work consistently.
  • California residence.
  • Documentation of counseling or completion for drugs, alcohol, domestic violence, or anger.
  • Engaging in community events.
  • Records to prove you provide financial support to your minors and have been actively raising and caring for them.
  • Proof of volunteering at churches, mosques, and nonprofits.
  • Proving that the police have never arrested you since the release.

It is also wise to present recommendation letters testifying to your good character. These can be letters from the following:

  • Your clergy.
  • Community leader(s).
  • Your employer.
  • The community organizations you volunteer with.
  • Your neighbors.

These recommendation letters carry weight with the court because a person in your community is ready to vouch for you.

  1. Attend Court for Your COR Hearing

The California Superior Court can set a court hearing to review your petition. It will inform the involved district attorney and the governor’s office if it decides to do so. They will have the chance to contest your petition.

Your court hearing is an avenue to urge the court to grant your request. The presiding judge will review the proof and testimony presented to the court. The evidence includes opposing arguments brought forth by the state.

Here are the factors the court will consider:

  • Your prison record.
  • Evidence of your rehabilitation.
  • Your record during the trial.
  • Family and community ties.
  • Education and work history.
  • Evidence of your residence.
  • Your criminal history and the seriousness of the conviction.
  • The district attorney's (D.A.) opposing arguments.
  • When you completed your parole or probation.

The Duration of Acquiring a COR

Usually, the process takes approximately two to six months.

It takes approximately four months to bring the application to the court hearing date. It varies with counties.

Your attorney should assist you in determining the duration.

The Cost of Getting a Certificate of Rehabilitation

There are no costs or fees to bring your COR petition.

However, you will incur attorney fees if you seek legal representation. You are entitled to an adult probation department or public counsel representation if you cannot afford to retain a criminal defense lawyer.

What Happens After the Judge Grants the Petition?

After the court approves your petition for a COR, it will forward copies to the following:

  • The governor’s office.
  • DOJ.
  • The Parole Board.
  • The Supreme Court (if you have more than one prior conviction).

Remember, the governor cannot issue a pardon if you have at least one felony conviction, except when it is a recommendation of most Supreme Court judges.

Automatic Application for Your Governor’s Pardon

Remember, COR is an automatic application for your governor’s pardon. That means you do not have to do anything.

A governor's pardon has many advantages, including restoring firearm rights and preventing deportation for non-immigrants.

The governor’s office can decide to seek more information from the Parole Board or you.

What Occurs to Your Criminal Record

A COR neither deletes nor erases criminal records. However, after its approval, the DOJ should forward copies to the FBI (Federal Bureau of Investigation).

Then, your criminal records will indicate that the court granted a COR concerning the specified crime.

What to Do If the Judge Denies  Petition

You can appeal the court order if the judge denies your application. Your lawyer should appeal the court’s decision.

You should pay fees to bring your appeal to court. Filing a request is likely to be unsuccessful because the court has the discretion to approve the application. Therefore, it is wise to retry later.

If the appeal does not favor you, you must consider other relief options.

Other Post-Conviction Relief Legal Options You Should Pursue for Clearing Your Criminal History

The fact that you do not qualify for COR does not mean the end of your life. Below are alternatives worth pursuing to mitigate the adverse effects of your conviction.

Reducing a Felony Crime to a California Misdemeanor

Penal Code Section 17b allows a felony defendant to reduce the charges to a California misdemeanor. After the reduction, you can seek expungement or dismissal per Penal Code Sections 1203.4 or 1203.4(a), respectively.

One advantage is that the defendant can legally say they do not have a previous felony criminal charge.

You can only reduce a California felony that is a wobbler. A wobbler is a crime that a prosecutor can charge as a misdemeanor or a felony, depending on the case facts. Wobbler offenses include the following (not limited to):

  • Grand theft.
  • Burglary.
  • Assault using a lethal weapon.
  • Spousal battery.
  • Threats of harm.
  • Forgery.
  • Fraud charges.

After filing your motion, the court will review your petition. When determining whether to reduce your felony conviction to a California misdemeanor, the factors the court considers include the following:

  • The nature of the alleged crime.
  • Case facts.
  • The seriousness of your crime.
  • Whether you satisfied your probation terms.
  • Your request’s intent.
  • Criminal history.

After the court grants your petition, the move will mitigate the various direct repercussions of your crime. The state will identify your lesser offenses as “for all purposes.” However, exceptions exist, and some penalties can carry over and affect you.

For example, suppose your crime was sex-related, and you must enter your name in the sex offenders registry. In that case, the requirement will remain active, even if the court has reduced your offense to a California misdemeanor.

Finally, state licensing boards and the federal government consider some misdemeanors as felonies.

Sealing Your Criminal Record

California law offers previously arrested individuals the chance to petition the court to destroy and seal their arrest records. After approving your petition, the court will erase your arrest records and make them inaccessible from the public database. These arrest records are as follows:

  • Booking photographs.
  • Police reports.
  • Fingerprints.
  • Rap sheet entry.

You can have your record of arrest sealed if the following is true:

  • The court did not convict of the alleged charge, the court dismissed your charge, and the prosecutor can refile the charge.
  • The court acquitted you of the charges.
  • You were convicted; however, upon appeal, the verdict was reversed or vacated, and a refiling cannot occur.

While it is not mandatory to have legal representation, your lawyer can help you with the following:

  • Drafting your petition.
  • Representing you in court.
  • Ensuring involved law enforcement agencies correctly seal your arrest records after the court issues its order.

After sealing your criminal record, it will no longer be accessible to the general public, and you claim that you were not arrested for any offense. However, you should reveal the arrest under certain conditions, like the following:

  • During your state license application process.
  • When applying for a job with a law enforcement agencies.
  • If you are applying for a public office position.
  • When applying to receive a contract with the State Lottery Commission.

Receiving a Commutation of the Sentence

You can qualify to have the governor reduce or commute your sentence. Although this post-conviction relief will not restore civil entitlements, it can increase the possibility of serving California probation and reduce your sentence.

Generally, all defendants qualify for commutation unless they are convicted of a federal or military crime.

Your lawyer should help you decide the best post-conviction relief to mitigate the effect of your criminal history on your future and life.

Courtroom Etiquette During Your Hearing

Courtroom etiquette has numerous rules. Your initial impression is lasting, and how you behave and appear during your court hearing can determine whether the judge will grant your COR application. Sometimes, lousy conduct can lead to criminal penalties if found in contempt of court. To make an excellent first impression, you should understand these rules and ensure you comply with them.

Preparing for Your Court Hearing Date

The courthouse is the court personnel and judge's place of employment, and they want their day to be effective and smooth. You prove you respect the court by obeying the rules and arriving early. Acting so can increase the odds of obtaining a favorable case outcome.

Arrive at the courthouse at least 20 minutes earlier. It will give you additional time to enter the court (security screening can be time-consuming, particularly in a long queue). Remember to account for delays when commuting or finding parking.

Carry all the relevant paperwork, read and understand the documents, and organize them. Your lawyer should guide you on what to expect.

Dress decently, the way you would when attending a business meeting. A tie and suit for men and a business suit or a nice dress for ladies are advisable. Ensure your appearance is conservative.

Finally, you do not know who could be watching you, so mind your conduct while waiting outside the court.

How to Behave in the Court

Enter the courtroom when and as directed. If the judge is present, stop before sitting down, bow, and sit as guided. If absent, sit where the clerk orders and stand up when the judge leaves or enters the court. Wait to sit until they are seated. Ensure you keep your conversation to a minimum while you await. Sit upright and maintain a good posture.

Here are some dos and don'ts to keep in mind:

  • Speak only when asked to.
  • Switch off your electronic devices, including phones, before entering the courtroom.
  • Make arrangements for someone to take care of your minor children.
  • Do not carry beverages or food to the court.
  • Be polite to everyone.
  • Always stand when addressing the judge.
  • Be mindful of your body language, control your emotions, and avoid offensive non-verbal communication.
  • Refer to the judge as “Your Honor.”.
  • Practice good listening skills and wait for your turn to speak.
  • Refer your questions to your knowledgeable attorney instead of the courtroom employees or the judge.

Find a Skilled and Aggressive Post-Conviction Attorney Near Me

Like many people, you might think you will continue living normally after completing your sentence. That is not the case; the criminal record could significantly hinder opportunities like stable employment, affordable housing, and pursuing education in institutions of higher learning. Luckily, a COR can help you move past your previous mistake. While it will not erase your criminal history, it will indicate that you have displayed good character several years after your criminal conviction. California Criminal Lawyer Group is devoted to helping defendants in the Fresno community move forward and obtain the fresh start they deserve. We can review your case to determine your eligibility. We can also help you complete the paperwork and navigate the complicated legal process. Please call us at 559-712-8377 to schedule your free case review.