Scam Text Messages — Traffic School Fines:

The court has received reports of individuals receiving text messages claiming they owe outstanding fines related to traffic school matters. If you have completed and paid for traffic school and received a certificate, you do not owe any additional fines. These messages appear to be fraudulent. Do not click any links or provide payment information. If you have questions about your case, please contact the court directly.

Certificate of Rehabilitation and Pardon

A Certificate of Rehabilitation is a court order that declares a person convicted of a felony has demonstrated rehabilitation.

If the Court grants a Petition for a Certificate of Rehabilitation, the order is forwarded to the Governor and serves as an application for a pardon. However, receiving a Certificate of Rehabilitation does not guarantee that a pardon will be granted by the Governor.

Certificate of Rehabilitation

DOES:

  • Relieve some sex offenders, as specified, of further duty to register. (Penal Code, 290.5)
  • Enhance a felon’s potential for licensing consideration by a State Board. (Penal Code, 4853)
  • Serve as an official document to demonstrate a felon’s rehabilitation, which could enhance employment possibilities.
  • Serve as an automatic application for a gubernatorial pardon.

DOES NOT: 

  • Erase the felony conviction or seal the criminal record. (Penal Code 4852.17)
  • Prevent the offense from being considered as a prior conviction if the person is later convicted of a new offense.
  • Allow a felon to answer on employment applications that he/she has no record of conviction.
  • Give a felon the right to vote, because this right is automatically restored after discharge from parole.
  • Restore the right to own or possess firearms.

Governor's Pardon

DOES:

  • Allow a felon to serve on a jury trial. (Civil Code of Proc. 203 (a)(5))
  • Allow restoration of firearms rights, upon federal approval, to specified offenders who have obtained a certificate of rehabilitation if granted a full and unconditional pardon, unless the conviction was for a felony involving the use of a dangerous weapon. (Penal Code 4852.17)
  •  Allow a felon to be considered for appointment as a county probation officer or a state parole agent, but not to any other peace officer positions. (Gov. Code 1029 ( c))
  • Allow specified sex offenders still required to register after obtaining a Certificate of Rehabilitation to be relieved of their duty to register if granted a full and unconditional pardon. (Penal Code 290.5)

DOES NOT:

  • Seal or erase the record of conviction. (Penal Code 4852.17)
  • Prevent the pardoned offense from being considered as a prior conviction if the person is later convicted of a new offense.
  • Allow a pardoned person to answer on employment applications that he/she has no record of conviction.
  • Restore ability to own a firearm to felons convicted of offense involving the use of a dangerous weapon. (Penal Code 4854)
  • Pardon convictions from another state, or federal convictions.
  •  Prevent deportation.

General Information

You are eligible to apply for a Certificate of Rehabilitation if you:

  • Were convicted of a felony and served your sentence in a California prison; and
  • Were discharged or released on parole prior to May 13, 1943; and
  • Have not been incarcerated in a state penal institution since release; and
  •  Have resided for three years in California immediately prior to filing the petition.

OR

  • Were convicted of a felony, or a misdemeanor sex offense specified in Penal Code section 290 that was dismissed under Penal Code section 1203.4 and
  • Have been discharged from custody, parole, or probation; and
  • Have not been incarcerated in any penal institution, jail, or agency since release; and
  • Are not on probation for the commission of any other felony; and
  • Have resided for five years in California immediately prior to filing the petition.

OR

  • Were convicted of a felony after May 13, 1943; and
  • Were sentenced to state prison; and
  • Were discharged from custody or released on parole; and
  • Have resided for five years in California immediately prior to filing the petition.

Persons who are not eligible to apply for a Certificate of Rehabilitation include:

  •  Those who do not meet the above requirements; or
  • Those who were convicted of misdemeanors, except those convicted of a misdemeanor sex offense as discussed above; or
  • Those who were convicted of sex offenses under Penal Code section 286(c), 288, 288a(c), 288.5, or 289(j); or
  • Those who are serving a mandatory life parole; or
  • Those committed to prison under a death sentence; or
  •  Those persons in the military service.

Persons eligible for a Certificate of Rehabilitation may file a petition with the Superior Court in their county of residence once they have completed the period of rehabilitation. The period of rehabilitation begins to run upon discharge from incarceration or upon release on probation or parole. The period of rehabilitation requires five years residence in California, PLUS:

  • Four years for persons convicted of Penal Code sections 187, 209, 219, 4500, or 12310, or military Veterans Code section 1672(a), or any other offense that carries a life sentence; or
  • Five years for any person convicted of any offense for which sex offender registration is required under Penal Code 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 (these convictions require an additional two years); or
  • Two years for any person convicted of any offense not listed above and that does not carry a life sentence; or
  • Any additional years ordered by the court if the person served consecutive sentences.

Process

You must be a resident of Tulare County to file a certificate of rehabilitation in Tulare County. However, the offense may have occurred in any county in California.

Complete the Notice of Filing for Certificate of Rehabilitation and Pardon. Leave the date, time, and department blank. Make five copies of the Notice of Filing for Certificate of Rehabilitation and Pardon.

Complete the Petition for Certificate of Rehabilitation and Pardon. Make one copy of the Petition for Certificate of Rehabilitation and Pardon.  File both forms with the Court. The Clerk will not charge you any money for filing the petition (PC§4852.09).

The Clerk will set the date, time, and department for the hearing.

The Clerk will file stamp your copies of the Petition for Certificate of Rehabilitation and Pardon and the Notice of Filing for Certificate of Rehabilitation and Pardon.

File with the Court the proof of service for the Notice of Filing for Certificate of Rehabilitation and Pardon. The proof of service that you file should be stapled to the Notice of Filing for Certificate of Rehabilitation and Pardon.

You will be contacted by the District Attorney’s Office. Answer all their questions.

Attend the hearing set by the Clerk.

The petitioner may be represented by counsel of his or her own choosing. If the petitioner does not have counsel, he or she shall be represented by the public defender's office (PC485.08).

If the Court finds that the petitioner has demonstrated rehabilitation, the Court may declare that the petitioner is rehabilitated. A certified copy of the Certificate of Rehabilitation issued by the Court is transmitted to the Governor and becomes the application for a pardon. Upon receipt of the application, the Governor may request that the Board of Prison Terms conduct its own investigation and prepare a report. If the petitioner has been convicted of more than one felony in separate proceedings, the California Supreme Court must approve granting a pardon before the Governor may do so.