Form 1 - Petition For Certificate Of Rehabilitation And Pardon Page 4
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4FORM 1 INSTRUCTIONS
1. After completing the Petition for Certificate of Rehabilitation and Pardon, file it with the
County Clerk's office in the county in which you reside. In every case, you must have
resided continuously for five (5) years in this state prior to filing the petition.
2. The period of rehabilitation begins to run upon your discharge from custody or upon release
on parole or probation, whichever is sooner. The period of rehabilitation shall constitute
five (5) years residence in this state, plus a period of time determined by the following rules:
•
To the five (5) years there shall be added four (4) years in the case of any person
convicted of violating Section 187, 209, 219, 4500, or 12310 of the penal code, or
subdivision (a) of Section 1672 of the Military and Veterans Code, or any other offense
which carries a life sentence.
•
To the five (5) years there shall be added two (2) years in the case of any person
convicted of committing any offense not listed above and which does not carry a life
sentence. (The majority of applicants require a seven-year rehabilitation period).
•
To the five (5) years the trial court hearing the application for the Certificate of
Rehabilitation may add additional years when a person has served consecutive
sentences. The amount of additional time will not exceed the sum of the maximum
penalties for all the crimes.
•
Any person discharged after completion of his/her term or released on parole before
May 13, 1943, is not subject to the periods of rehabilitation set forth in these rules.
3. If you were released on felony probation and successfully completed probation, you must
obtain relief under Penal Code Section 1203.4 before applying for a Certificate of
Rehabilitation.
4. You are entitled to be represented by an attorney of your own selection, or by the public
defender. You are entitled to receive assistance from all rehabilitative agencies including
officers from adult probation and parole, and for persons under the age of 30 years, from the
Youth Authority.
5. It is unlawful for anyone, other than an attorney, to accept any fee, money or anything of
value for their services in representing you in this proceeding.
6. You are not required to pay filing fees of any kind in connection with this proceeding.
7. When the Court sets a hearing date on your Petition, you are required to give notice of that
date at least thirty (30) days before the hearing. You must formally notify the District
Attorney for each county in which you have been convicted, and the Governor's Office.
8. A Certificate of Rehabilitation is not an automatic pardon; it is only an automatic application
for a pardon.
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