2010 California Code
Penal Code
Chapter 3.5. Procedure For Restoration Of Rights And Application For Pardon

4852.01.  (a) Any person convicted of a felony who has been released
from a state prison or other state penal institution or agency in
California, whether discharged on completion of the term for which he
or she was sentenced or released on parole prior to May 13, 1943,
who has not been incarcerated in a state prison or other state penal
institution or agency since his or her release and who presents
satisfactory evidence of a three-year residence in this state
immediately prior to the filing of the petition for a certificate of
rehabilitation and pardon provided for by this chapter, may file the
petition pursuant to the provisions of this chapter.
   (b) Any person convicted of a felony who, on May 13, 1943, was
confined in a state prison or other institution or agency to which he
or she was committed and any person convicted of a felony after that
date who is committed to a state prison or other institution or
agency may file a petition for a certificate of rehabilitation and
pardon pursuant to the provisions of this chapter.
   (c) Any person convicted of a felony or any person who is
convicted of a misdemeanor violation of any sex offense specified in
Section 290, the accusatory pleading of which has been dismissed
pursuant to Section 1203.4, may file a petition for certificate of
rehabilitation and pardon pursuant to the provisions of this chapter
if the petitioner has not been incarcerated in any prison, jail,
detention facility, or other penal institution or agency since the
dismissal of the accusatory pleading and is not on probation for the
commission of any other felony, and the petitioner presents
satisfactory evidence of five years residence in this state prior to
the filing of the petition.
   (d) This chapter shall not apply to persons serving a mandatory
life parole, persons committed under death sentences, persons
convicted of a violation of subdivision (c) of Section 286, Section
288, subdivision (c) of Section 288a, Section 288.5, or subdivision
(j) of Section 289, or persons in the military service.
   (e) Notwithstanding the above provisions or any other provision of
law, the Governor shall have the right to pardon a person convicted
of a violation of subdivision (c) of Section 286, Section 288,
subdivision (c) of Section 288a, Section 288.5, or subdivision (j) of
Section 289, if there are extraordinary circumstances.



4852.03.  (a) The period of rehabilitation shall begin to run upon
the discharge of the petitioner from custody due to his or her
completion of the term to which he or she was sentenced or upon his
or her release on parole or probation, whichever is sooner. For
purposes of this chapter, the period of rehabilitation shall
constitute five years' residence in this state, plus a period of time
determined by the following rules:
   (1) To the five years there shall be added four years in the case
of any person convicted of violating Section 187, 209, 219, 4500 or
12310 of this code, or subdivision (a) of Section 1672 of the
Military and Veterans Code, or of committing any other offense which
carries a life sentence.
   (2) To the five years there shall be added five years in the case
of any person convicted of committing any offense or attempted
offense for which sex offender registration is required pursuant to
Section 290, except for convictions for violations of subdivision
(b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or
314. For those convictions, two years shall be added to the five
years imposed by this section.
   (3) To the five years there shall be added two years in the case
of any person convicted of committing any offense that is not listed
in paragraph (1) or paragraph (2) and that does not carry a life
sentence.
   (4) The trial court hearing the application for the certificate of
rehabilitation may, if the defendant was ordered to serve
consecutive sentences, order that his or her statutory period of
rehabilitation be extended for an additional period of time which
when combined with the time already served will not exceed the period
prescribed by statute for the sum of the maximum penalties for all
the crimes.
   (5) Any person who was discharged after completion of his or her
term or was released on parole before May 13, 1943, is not subject to
the periods of rehabilitation set forth in these rules.
   (b) Unless and until the period of rehabilitation, as stipulated
in this section, has passed, the petitioner shall be ineligible to
file his or her petition for a certificate of rehabilitation with the
court. Any certificate of rehabilitation that is issued and under
which the petitioner has not fulfilled the requirements of this
chapter shall be void.
   (c) A change of residence within this state does not interrupt the
period of rehabilitation prescribed by this section.



4852.03.  (a) The period of rehabilitation shall begin to run upon
the discharge of the petitioner from custody due to his or her
completion of the term to which he or she was sentenced or upon his
or her release on parole or probation, whichever is sooner. For
purposes of this chapter, the period of rehabilitation shall
constitute five years' residence in this state, plus a period of time
determined by the following rules:
   (1) To the five years there shall be added four years in the case
of any person convicted of violating Section 187, 209, 219, 4500 or
18755 of this code, or subdivision (a) of Section 1672 of the
Military and Veterans Code, or of committing any other offense which
carries a life sentence.
   (2) To the five years there shall be added five years in the case
of any person convicted of committing any offense or attempted
offense for which sex offender registration is required pursuant to
Section 290, except for convictions for violations of subdivision
(b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or
314. For those convictions, two years shall be added to the five
years imposed by this section.
   (3) To the five years there shall be added two years in the case
of any person convicted of committing any offense that is not listed
in paragraph (1) or paragraph (2) and that does not carry a life
sentence.
   (4) The trial court hearing the application for the certificate of
rehabilitation may, if the defendant was ordered to serve
consecutive sentences, order that his or her statutory period of
rehabilitation be extended for an additional period of time which
when combined with the time already served will not exceed the period
prescribed by statute for the sum of the maximum penalties for all
the crimes.
   (5) Any person who was discharged after completion of his or her
term or was released on parole before May 13, 1943, is not subject to
the periods of rehabilitation set forth in these rules.
   (b) Unless and until the period of rehabilitation, as stipulated
in this section, has passed, the petitioner shall be ineligible to
file his or her petition for a certificate of rehabilitation with the
court. Any certificate of rehabilitation that is issued and under
which the petitioner has not fulfilled the requirements of this
chapter shall be void.
   (c) A change of residence within this state does not interrupt the
period of rehabilitation prescribed by this section.



4852.04.  Each person who may initiate the proceedings provided for
in this chapter shall be entitled to receive counsel and assistance
from all rehabilitative agencies, including the adult probation
officer of the county and all state parole officers, and, in the case
of persons under the age of 30 years, from the Youth Authority.




4852.05.  The person shall live an honest and upright life, shall
conduct himself or herself with sobriety and industry, shall exhibit
a good moral character, and shall conform to and obey the laws of the
land.


4852.06.  Except as provided in subdivision (a) of Section 4852.01,
after the expiration of the minimum period of rehabilitation
applicable to him or her (and, in the case of persons released upon
parole or probation, after the termination of parole or probation),
each person who has complied with the requirements of Section 4852.05
may file in the superior court of the county in which he or she then
resides a petition for ascertainment and declaration of the fact of
his or her rehabilitation and of matters incident thereto, and for a
certificate of rehabilitation under this chapter. No petition shall
be filed until and unless the petitioner has continuously resided in
this state, after leaving prison, for a period of not less than five
years immediately preceding the date of filing the petition.




4852.07.  The petitioner shall give notice of the filing of the
petition to the district attorney of the county in which the petition
is filed, to the district attorney of each county in which the
petitioner was convicted of a felony or of a crime the accusatory
pleading of which was dismissed pursuant to Section 1203.4, and to
the office of the Governor, together with notice of the time of the
hearing of the petition, at least 30 days prior to the date set for
such hearing.



4852.08.  During the proceedings upon the petition, the petitioner
may be represented by counsel of his own selection; if he has no such
counsel he shall be represented by the public defender, if there is
one in the county, and if there is none, by the adult probation
officer of the county or if in the opinion of the court the
petitioner needs counsel, the court shall assign counsel to represent
him.



4852.09.  No filing fee nor court fees of any kind shall be required
of a petitioner in proceedings under this chapter.



4852.1.  The court in which the petition is filed may require such
testimony as it deems necessary, and the production, for the use of
the court and without expense of any kind to the petitioner, of all
records and reports relating to the petitioner and the crime of which
he was convicted, including the record of the trial, the report of
the probation officer, if any, the records of the prison, jail,
detention facility or other penal institution from which the
petitioner has been released showing his conduct during the time he
was there, the records of the penal institution or agency doctor and
psychiatrist, the records of the parole officer concerning him if he
was released on parole, the records of the Youth Authority concerning
him if he has been committed to the authority, and written reports
or records of any other law enforcement agency concerning the conduct
of the petitioner since his release on probation or parole or
discharge from custody. All persons having custody of any such
records shall make them available for the use of the court in the
proceeding.



4852.11.  Any peace officer shall report to the court, upon
receiving a request as provided in Section 4852.1, all violations of
law committed by said petitioner which may come to his knowledge.
Upon receiving satisfactory proof of such violation the court may
deny the petition and determine a new period of rehabilitation not to
exceed the original period of rehabilitation for the same crime. In
that event, before granting the petition, the court may thereafter
require the petitioner to fulfill all the requirements provided to be
fulfilled before the granting of the certificate under the original
petition.


4852.12.  (a) In any proceeding for the ascertainment and
declaration of the fact of rehabilitation under this chapter, the
court, upon the filing of the application for petition of
rehabilitation, may request from the district attorney an
investigation of the residence of the petitioner, the criminal record
of the petitioner as shown by the records of the Department of
Justice, any representation made to the court by the applicant, the
conduct of the petitioner during his period of rehabilitation,
including all matters mentioned in Section 4852.11, and any other
information the court may deem necessary in making its determination.
If so requested, the district attorney shall provide the court with
a full and complete report of such investigations.
   (b) In any proceeding for the ascertainment and declaration of the
fact of rehabilitation under this chapter of a person convicted of a
crime the accusatory pleading of which has been dismissed pursuant
to Section 1203.4, the district attorney, upon request of the court,
shall deliver to the court the criminal record of petitioner as shown
by the records of the Department of Justice. The district attorney
may investigate any representation made to the court by petitioner
and may file with the court a report of the investigation including
all matters known to the district attorney relating to the conduct
and place and duration of residence of the petitioner during the
period of rehabilitation and all known violations of law committed by
petitioner.



4852.13.  (a) Except as otherwise provided in subdivision (b), if
after hearing, the court finds that the petitioner has demonstrated
by his or her course of conduct his or her rehabilitation and his or
her fitness to exercise all of the civil and political rights of
citizenship, the court may make an order declaring that the
petitioner has been rehabilitated, and recommending that the Governor
grant a full pardon to the petitioner. This order shall be filed
with the clerk of the court, and shall be known as a certificate of
rehabilitation.
   (b) No certificate of rehabilitation shall be granted to a person
convicted of any offense specified in Section 290 if the court
determines that the petitioner presents a continuing threat to minors
of committing any of the offenses specified in Section 290.
   (c) A district attorney in either the county where the conviction
was obtained or the county of residence of the recipient of the
certificate of rehabilitation may petition the superior court to
rescind a certificate if it was granted for any offense specified in
Section 290. The petition shall be filed in either the county in
which the person who has received the certificate of rehabilitation
resides or the county in which the conviction was obtained. If the
superior court finds that petitioner has demonstrated by a
preponderance of the evidence that the person who has received the
certificate presents a continuing threat to minors of committing any
of the offenses specified in Section 290, the court shall rescind the
certificate.



4852.14.  The clerk of the court shall immediately transmit
certified copies of the certificate of rehabilitation to the
Governor, to the Board of Prison Terms and the Department of Justice,
and, in the case of persons twice convicted of a felony, to the
Supreme Court.



4852.15.  Nothing in this chapter shall be construed to abridge or
impair the power or authority conferred by law on any officer, board,
or tribunal to revoke or suspend any right, privilege, or franchise
for any act or omission not involved in his or her conviction, or to
require the reinstatement of the right or privilege to practice or
carry on any profession or occupation the practice or conduct of
which requires the possession or obtaining of a license, permit, or
certificate. Nothing in this chapter shall affect any provision of
Chapter 5 (commencing with Section 2000) of Division 2 of the
Business and Professions Code or the power or authority conferred by
law on the Board of Medical Examiners therein, or the power or
authority conferred by law upon any board that issues a certificate
permitting any person to practice or apply his or her art or
profession on the person of another. Nothing in this chapter shall
affect any provision of Chapter 4 (commencing with Section 6000) of
Division 3 of the Business and Professions Code or the power or
authority in relation to attorneys at law and the practice of the law
in the State of California conferred by law upon or otherwise
possessed by the courts, or the power or authority conferred by law
upon the State Bar of California or any board or committee thereof.



4852.16.  The certified copy of a certificate of rehabilitation
transmitted to the Governor shall constitute an application for a
full pardon upon receipt of which the Governor may, without any
further investigation, issue a pardon to the person named therein,
except that, pursuant to Section 8 of Article V of the Constitution,
the Governor shall not grant a pardon to any person twice convicted
of felony, except upon the written recommendation of a majority of
the judges of the Supreme Court.



4852.17.  Whenever a person is issued a certificate of
rehabilitation or granted a pardon from the Governor under this
chapter, the fact shall be immediately reported to the Department of
Justice by the court, Governor, officer, or governmental agency by
whose official action the certificate is issued or the pardon
granted. The Department of Justice shall immediately record the facts
so reported on the former criminal record of the person, and
transmit those facts to the Federal Bureau of Investigation at
Washington, D.C. When the criminal record is thereafter reported by
the department, it shall also report the fact that the person has
received a certificate of rehabilitation, or pardon, or both.
   Whenever a person is granted a full and unconditional pardon by
the Governor, based upon a certificate of rehabilitation, the pardon
shall entitle the person to exercise thereafter all civil and
political rights of citizenship, including but not limited to: (1)
the right to vote; (2) the right to own, possess, and keep any type
of firearm that may lawfully be owned and possessed by other
citizens; except that this right shall not be restored, and Sections
12001 and 12021 shall apply, if the person was ever convicted of a
felony involving the use of a dangerous weapon.




4852.17.  Whenever a person is issued a certificate of
rehabilitation or granted a pardon from the Governor under this
chapter, the fact shall be immediately reported to the Department of
Justice by the court, Governor, officer, or governmental agency by
whose official action the certificate is issued or the pardon
granted. The Department of Justice shall immediately record the facts
so reported on the former criminal record of the person, and
transmit those facts to the Federal Bureau of Investigation at
Washington, D.C. When the criminal record is thereafter reported by
the department, it shall also report the fact that the person has
received a certificate of rehabilitation, or pardon, or both.
   Whenever a person is granted a full and unconditional pardon by
the Governor, based upon a certificate of rehabilitation, the pardon
shall entitle the person to exercise thereafter all civil and
political rights of citizenship, including but not limited to: (1)
the right to vote; (2) the right to own, possess, and keep any type
of firearm that may lawfully be owned and possessed by other
citizens; except that this right shall not be restored, and Sections
17800 and 23510 and Chapter 2 (commencing with Section 29800) of
Division 9 of Title 4 of Part 6 shall apply, if the person was ever
convicted of a felony involving the use of a dangerous weapon.




4852.18.  The Board of Prison Terms shall furnish to the clerk of
the superior court of each county a set of sample forms for a
petition for certificate of rehabilitation and pardon, a notice of
filing of petition for certificate of rehabilitation and pardon, and
a certificate of rehabilitation. The clerk of the court shall have a
sufficient number of these forms printed to meet the needs of the
people of the county, and shall make these forms available at no
charge to persons requesting them.



4852.19.  This chapter shall be construed as providing an
additional, but not an exclusive, procedure for the restoration of
rights and application for pardon. Nothing in this chapter shall be
construed as repealing any other provision of law providing for
restoration of rights or application for pardon.



4852.2.  Every person, other than an individual who is licensed to
practice law in the State of California, pursuant to Article 4
(commencing with Section 6060) of Chapter 4 of Division 3 of the
Business and Professions Code and who is acting in that capacity, who
solicits or accepts any fee, money, or anything of value for his or
her services, or his or her purported services, in representing a
petitioner in any proceeding under this chapter, or in any
application to the Governor for a pardon under this chapter, is
guilty of a misdemeanor.


4852.21.  (a) Any person to whom this chapter applies shall, prior
to his discharge or release on parole from a state prison or other
state penal institution or agency, be informed in writing by the
official in charge of the place of confinement of his right to
petition for, and of the procedure for filing the petition for, and
obtaining, a certificate of rehabilitation and pardon pursuant to
this chapter.
   (b) Prior to dismissal of the accusatory pleading pursuant to
Section 1203.4, the defendant shall be informed in writing by the
clerk of the court dismissing the accusatory pleading of the
defendant's right, if any, to petition for, and of the procedure for
filing a petition for, and obtaining, a certificate of rehabilitation
and pardon pursuant to this chapter.