A criminal record can haunt you even after serving your sentence for any criminal charge conviction. Apart from affecting your eligibility for most job opportunities, a criminal record can also deny you housing in many neighborhoods because landlords will be reluctant to accept people with criminal backgrounds in their rental houses.

Fortunately, you can avoid all these negative impacts of a conviction on your life by applying for a certificate of rehabilitation, also abbreviated as COR. Although a COR will not erase your criminal history, it will identify you on behalf of the court as rehabilitated and a law-abiding citizen.

Since not everyone is eligible for this post-conviction relief option, it is wise to hire an attorney to represent your best interests in court and increase your chances of eligibility for a COR. If you need legal help applying for a COR in Santa Ana, attorneys at California Criminal Lawyer Group are here for you.

Our attorneys understand how challenging it is to rebuild and keep your life back on track after serving your sentence for an offense conviction.

Understanding a Certificate of Rehabilitation in a Nutshell

A COR is typically an official legal document that provides an appealing solution to clean your criminal record by showing that you are now a law-abiding and upstanding citizen in the eyes of the court. If you are ineligible for other post-conviction relief options like expungement, all hopes are not lost.

Your defense attorney can help you obtain a COR to put a detrimental conviction behind you and move on with your life. Section 4852 of the Penal Code (PC) is the statute that outlines the regulations and eligibility requirements for obtaining a COR. If you are unsure whether you are an excellent candidate for a COR or not, you should speak with a criminal defense attorney.

Apart from being your voice in court, your defense attorney will help you prepare all the documents and evidence required to show the court you deserve this post-conviction relief for a fresh start in your life.

How to Apply or Qualify for this Certificate

Before filing a COR petition with the court, you must meet the required eligibility requirements. Whether you served your sentence in jail or prison, you could be eligible to obtain a COR if the following is true:

  • You are not on parole or probation for any felony charge conviction
  • You have not served a jail term since dismissal or completion of your sentence
  • You have proof or evidence of rehabilitation since your release
  • You have satisfactory evidence or proof of continuous five years of residence in this state, depending on your past conviction facts or nature
  • You were guilty of a misdemeanor sex crime under PC 290. However, you were able to expunge this conviction from your record
  • You had a felony conviction, necessitating probation as your sentence. However, you were able to expunge this conviction from your record

Additionally, you must have convincing evidence to prove a "satisfactory period of rehabilitation" since your release from prison or jail. If you meet all the above criteria, you can submit your petition to the court, including other supporting evidence to show your character or behavior satisfying since your release from jail.

It helps to have a reliable attorney in your corner to prepare and submit these documents on your behalf. As stated above, not everyone is eligible for this post-conviction relief option. According to PC 4852, you will be ineligible for this certificate if:

  • You are currently serving a mandatory life probation
  • You are currently in the military
  • You have a death sentence
  • You were guilty of a misdemeanor sex crime other than the ones specified under PC 290
  • You were guilty of a felony charge in another state
  • You were guilty of any of the sex crimes listed below:
  • Sodomy with a child under PC 286(c)
  • Forcible sexual penetration of a child under PC 289(j)
  • Lewd acts with a child (child molestation) under PC 288
  • Continuous sexual abuse of a child under PC 288.5
  • Oral copulation with a child under PC 287(c)

When to File a Petition for a COR

If you are eligible to obtain a COR, you should file your petition with the court upon completing your rehabilitation period successfully. However, you should be ready to prove a "satisfactory rehabilitation period." Typically, the clock for the rehabilitation period begins to tick immediately after discharge from prison or after completing your court-ordered probation.

According to PC 4852, the rehabilitation period must constitute a minimum of five (5) years of continuous residency. However, depending on the crime that led to your conviction, this period could increase, meaning you have to wait longer before filing your COR petition with the court.

For instance, you will have a waiting period of not less than nine (9) years after serving your sentence for a conviction of any of the following crimes to file a COR petition:

  • Murder
  • Assault causing bodily injury
  • Homicide
  • Train derailing
  • Aggravated kidnapping
  • Acts involving destructive devices or explosives, causing mayhem or severe bodily injury
  • Any offenses that would attract a life sentence upon conviction

On the other hand, you will have to wait for a minimum of ten (10) years after serving your sentence for a conviction of any sex crime charge that requires you to register as a sex offender under PC 290. However, a conviction for particular sex crimes like indecent exposure or child pornography will require you to wait for a minimum of seven (7) years before filing a COR petition.

How to Apply for a COR

If you meet the above eligibility requirement, including a continuous residency in this state for not less than five years, you can file your COR petition. Below is what you will need if you want to apply for a COR:

  1. Obtain a Petition for COR

Typically, you can obtain your COR petition form from the probation department or clerk of the superior court in the county where you reside.

  1. Obtain One or Two Copies of Your Criminal Record

Along with your petition for COR, you must also submit a copy of your criminal record detailing all vital information of each conviction you want the court to consider. Typically, your criminal record should include the following information:

  • Sentence received
  • Date of each offense conviction
  • Date of jail or prison release
  • Date of release from probation
  • County where the conviction happened
  • Each convicted charge

It is worth noting that you only need to file one COR petition regardless of how many convictions you have on your record. You can obtain a copy of your record from the Depart of Justice (DOJ) or the court where your conviction(s) occurred. When you choose to obtain the record from the DOJ, you should be ready to pay a fee of $25.

Fortunately, you would not need to pay any fee to file or obtain a criminal record from the court. That means you will only need to find your attorney's legal fees if you want to obtain a COR for a fresh start in your life after paying your dues for a criminal charge conviction.

  1. Retain the Services of an Attorney

Hiring a defense attorney will be an excellent investment if you want to obtain a COR. An experienced defense attorney will understand the legal system and the court's processes, increasing the chances of having your COR petition granted. If you already have an attorney, he/she can obtain the COR petition and the criminal record on your behalf.

However, the court can appoint a public defender to represent you if you cannot afford a private defense attorney.

What to Expect After Filing Your COR Petition

Once you file your COR petition, the court will hold a hearing after about 120 days to decide whether to grant your COR request or not. During this hearing, your attorney must be ready with evidence to present in favor of a COR. In most cases, the court could require your presence during this hearing.

Here is what the judge will consider when determining whether or not to grant your COR request:

  • Your proof of volunteer work or community service
  • Your reason for applying for a COR
  • The prosecutor's arguments
  • Letter of recommendations from employers, family, friends, coworkers, or prison psychologists
  • Your trial records
  • Your prison record
  • The nature of your offense
  • Your education and employment history
  • Proof of residency
  • Any other evidence that can help prove your eligibility and character

Generally speaking, obtaining a COR could take about two to six months from start to finish. If the court grants your COR request, it will send a copy to:

  • The Board of Parole Hearings
  • The California governor's office
  • The DOJ
  • The supreme court if you have (two or more felony convictions on your record)

When the court grants your COR request, it will also act as an automatic application for the Governor's pardon. When the Governor pardons you, you will enjoy several other benefits, including:

  • Restoration of your rights to own a firearm
  • There will be no deportation if you are an alien
  • You will have a right to vote

Due to the complex eligibility requirements for obtaining a COR, it would help to hire an attorney to help you with the application process. Your defense attorney will also be your voice in court to convince the judge you are an upstanding, law-abiding citizen who deserves a second chance.

Other Post-Conviction Relief Options to Consider If You Want to Clear Your Criminal Record

Fortunately, all hope is not lost if you are ineligible for a COR or the Governor's pardon. Below are other post convictions relief options you could consider if you have a detrimental criminal record for a fresh start and peace of mind:

Expungement Under PC 1203.4

An expungement is typically a process in which your past arrest or conviction records are "set" aside from the public view. If you are eligible for an expungement under PC 1203.4, you will receive some benefits that you would not receive with a COR, including:

  • Reinstatement of your legal rights to stand as a witness in a criminal court
  • Protection against employment or workplace discrimination based on your expunged conviction
  • It will become easier to secure professional licenses

Generally, PC 1203.4 makes it lawful to expunge a misdemeanor or felony offense as long as:

  • You did complete your probation successfully
  • You are not currently on probation on probation for any offense
  • You do not have any pending criminal charge

For the sake of this statute, to complete your probation successfully means:

  • You did not commit any offense during your probation period
  • You completed the requirements and terms of your probation, including paying fines, attending counseling programs, paying restitution, and community service.

Like a COR, you could be ineligible for an expungement if you have a conviction for certain felonies. These crimes include severe sex offenses involving children, such as:

  • Lewd acts with a child
  • Statutory rape
  • Sodomy of a child
  • Oral copulation with a child

After expungement, you can confidently say that you do not have any criminal background, especially during job interviews. It will be illegal for an employer to discriminate against you due to an expunged conviction on your record.

Seal and Destroy Your Criminal Record Under PC 851.87

You could also qualify to have your arrest record sealed and destroyed under PC 851.87. You can exercise your legal right to have your arrest record sealed if:

  • Your conviction was vacated or cleared on appeal
  • There was no conviction after your arrest

Sealing an arrest record means it will not show in most background checks. If you are eligible to seal your arrest record, your records of arrest will be destroyed, including:

  • Fingerprints
  • Rap sheet entries
  • Police reports
  • Booking photos

It is worth noting that if your criminal record reveals a pattern of child abuse, elder abuse, or domestic violence, you could be ineligible to seal and destroy your criminal record. According to Senate Bill (SB) 393 and PC 851.91, a "pattern" could be five or more arrests or two or more convictions within three years.

While sealing a criminal record destroys it, it does not entirely cease to exist. If you are subsequently charged and prosecuted for another offense, the prosecutor or the judge could refer to your sealed arrest record. Also, having your arrest record sealed does not relieve you from:

  • Legal obligation to register as a sex offender
  • Prohibition against possession or owning a firearm
  • Any prohibition against appointment in any public office
  • The legal obligation to disclose your arrest record information in response to a direct question when applying for:
  1. Employment as a peace officer
  2. Public office
  3. Contract with State Lottery Commission
  4. Licensing credentials by any state agency

If you were a minor (under 18) at the time of the arrest, you could qualify for juvenile record sealing and destroying if the following is true:

  • You do not have a conviction for any criminal offense for a crime involving moral turpitude (CIMT), for example, robbery or rape
  • You are at least eighteen years old or five years are over since adjudication of the juvenile offense
  • The original offense was not particularly severe, for example, torture, murder, or robbery

If you are an excellent candidate for sealing and destroying a criminal record under PC 851.87, your attorney can prepare all the necessary documents on your behalf and file the petition.

Reduce a Felony Offense to a Misdemeanor (PC 17(b) motion)

Another post-conviction relief option you can consider if you have a criminal background that is locking you out of several opportunities is reducing your felony conviction to a misdemeanor. Compared to a misdemeanor conviction, a conviction for a felony offense will attract more severe detrimental consequences once you join your community.

Fortunately, you could be eligible to reduce your felony conviction to a misdemeanor under PC 17(b). PC 17 (b) motion is a petition requesting the court to reduce a felony offense to a misdemeanor. Typically, you could be eligible to reduce your felony conviction to a misdemeanor if:

  • You have a conviction for a wobbler charge
  • You have completed your felony probation for this charge conviction successfully

For the sake of PC 17 (b), a "wobbler offense" is any crime that could be charged as a felony or a misdemeanor, depending on your case's facts and circumstances. The court will consider several factors when deciding whether or not to grant your PC 17 (b) motion to reduce a felony conviction to a misdemeanor. These factors include:

  • The facts and nature of your unique case
  • Your personal history
  • Your criminal history
  • Your compliance with your probation requirements and terms

Sometimes, the prosecutor could step in to argue why it is not a wise idea to reduce your felony conviction to a misdemeanor. That is why it is critical to have an attorney in your corner to raise mitigating arguments that can convince the court you deserve this post-conviction relief.

The benefits of having a criminal record expunged under PC 1203.4 are the main reasons most felons seek to reduce their felony convictions to a misdemeanor. In the eyes of the law, a felony offense is more severe than a misdemeanor. Although you can still expunge a felony conviction from your record without reducing it to a misdemeanor, it is wise to reduce it first under PC 17(b).

Typically, an expunged misdemeanor conviction is better than an expunged felony conviction because it can preserve certain crucial rights and benefits you could not receive if you are a felon, for example, the right to possess a firearm.

Unlike a Governor's pardon, even when you reduce your felony conviction to a misdemeanor, some of the consequences of a felony conviction will remain, including:

  • Your obligation to register as a sex offender
  • The offense will still count as a strike under the Three Strikes Law
  • Some licensing agencies could consider your felony conviction record for disciplinary purposes

Unlike what most people think, not all defendants lose their rights to vote after a conviction for a felony offense. You will only lose your legal right to vote if you are in prison or on probation for a felony charge conviction at the time or date of an election.

Commutation of Sentence

Defendants still serving time for their charge conviction could be eligible to have their sentence commuted or lessened by the Governor. Although sentence commutation will not restore your civil rights, it will reduce your current sentence or make you immediately eligible for probation.

How to Find a Dependable Attorney for Your Case

Undoubtedly, hiring a defense attorney can be a stressful experience because the attorney you decide to hire could mean the difference between achieving the results you want and the worst-case scenario. Below are a few tips that can help you find a reliable attorney without a hassle if you want to clear your criminal record or arrest for a fresh start in your life:

  • Find an experienced and reputable attorney
  • Find an available and accessible attorney
  • Find a licensed attorney
  • Find a courteous and friendly attorney
  • Find an attorney with cost-friendly services
  • Find an attorney with excellent communication skills

The above tips can significantly reduce your options to find a dependable as soon as possible to help you obtain a certificate of rehabilitation after serving your sentence and paying your dues for a convicted crime.

Find a Santa Ana Criminal Defense Attorney Near Me

If you need legal assistance filing a certificate of rehabilitation petition, attorneys at California Criminal Lawyer Group will be happy to evaluate your case and immediately start preparing your petition. We understand how an arrest and or a criminal record can affect your life once you return to society after serving your sentence for a convicted crime.

Once you contact us, we will do everything within our power to help you clear your criminal record as soon as possible to move on with your life without worrying that a past conviction could block you out of opportunities. Call us at 714- 844-4151 to schedule your first obligation-free consultation with our attorneys wherever you are in Santa Ana.