What Is a California Certificate of Rehabilitation?
In California, a certificate of rehabilitation (COR) functions as a method of clearing your name and criminal record. Eligibility for a COR is limited and often confusing. The COR does not get rid of or erase your criminal past. Instead, it is a document that can show society that you have put a life of crime behind you.
Who Is Eligible For a Certificate of Rehabilitation?
A California certificate of rehabilitation can only come from a judge finding that you have been rehabilitated following a criminal conviction and sentence. Therefore, you can only obtain a COR if you have a prior conviction. The post-conviction relief of a COR is also only available for people who have completely fulfilled their sentences, including any probation and parole.
Additionally, only people convicted of certain crimes can seek a COR. These crimes include:
- Felonies that required a sentence to one of California’s state penal institutions.
- Felonies where you received probation and later had the conviction expunged.
- Some misdemeanor sexual offenses where the conviction was also later expunged.
If your crime and sentence meet these COR requirements, there are still additional eligibility stipulations. First, you must have been a California resident for at least five years. Second, you must have an additional two to five years of rehabilitation following the end of your custody, parole, or probation.
The two to five additional years requirement means that you must have at least seven years of being crime-free to seek a COR. For more serious convictions, such as murder, kidnapping, or assault, you may need to not have committed any crimes for nine total years. Some sex crimes, such as child porn, obscene conduct, or sexual exploitation of a child, require ten full years of rehabilitation before you can petition for a COR.
What Are the Benefits of a COR?
Because of the stringent eligibility requirements for obtaining a certificate of rehabilitation, obtaining one can carry a lot of weight. If you receive a COR, you are also automatically applying to seek a pardon from the Governor of California.
You can use a COR to show your employer or potential employer that your criminal history is in the past. A COR may improve your job prospects because a judge has officially declared you rehabilitated.
Additionally, if you seek a professional license, no California agency can deny your application based on your conviction if you have a COR. This means you may be eligible to seek licenses that were previously off-limits to you based on your criminal history.
Finally, a COR removes the duty to register as a sex offender for a limited list of crimes.
How Do You Apply for a Certificate of Rehabilitation?
If you meet all the eligibility requirements, including residing in California for at least the past five years, you can petition for a COR. You must submit a copy of your criminal record, including dates of your release from custody and the end of your parole or probation. You can obtain the application for a COR at your county’s Superior Court.
Given the complex eligibility requirements, it can be beneficial for those seeking a certificate of rehabilitation in Orange County, California, to consult with an experienced criminal lawyer. The attorneys at the Chambers Law Firm can help determine your eligibility and assist you throughout the application process. Set up an obligation-free consultation today by calling 714-760-4088 or emailing dchambers@clfca.com.
