California v. FaransoAnnotate this Case
The State appealed an order granting defendant George Faranso a certificate of rehabilitation respecting a sex crime committed in the Michigan for which defendant had been convicted under Michigan law, placed on probation, and ordered to register as a sex offender. On appeal, the State argued that the Superior Court of the State of California: (1) lacked jurisdiction to issue a certificate of rehabilitation pertaining to a conviction from another state; (2) acted in excess of its authority by striking the words "and pardon" from the certificate of rehabilitation and pardon in recognition of the fact it could not issue a pardon; and (3) erred in granting the certificate of rehabilitation where defendant was statutorily ineligible for relief. Finding that defendant indeed did not satisfy the criteria for a certificate of rehabilitation, the Court of Appeal found the trial court abused its discretion in issuing the certificate. The trial court was reversed and the case remanded for further proceedings.