Why a Certificate of Rehabilitation Matters

A Certificate of Rehabilitation matters because – if the court grants your petition – you will be deemed a law-abiding citizen.  A Certificate of Rehabilitation basically informs future employers that you can be a qualified candidate.  And since a Certificate of Rehabilitation is for people who generally went to prison, an expungement will not help.  Once a Certificate of Rehabilitation is granted by an Orange County Superior Court judge, it is forwarded to the Governor’s Office as an application for a pardon.  

Necessity of an Orange County Certificate of Rehabilitation Attorney 

A Petition for a Certificate of Rehabilitation is not merely about paperwork.  It is a complex legal procedure where you need to serve the Orange County District Attorney’s office, send a copy to the Governor of the State of California, possibly distribute copies of your documents to other District Attorney’s Offices in other jurisdictions you may have had convictions in, and make sure everything is filed correctly so as not to get rejected by the court system.   Plus, filing Points & Authorities along with your Exhibits is crucial in getting your Petition for Certificate of Rehabilitation granted.  Lastly, hiring an Orange County Certificate of Rehabilitation Attorney ensures you that your counsel knows the Orange County court system and district attorneys, providing you confidence that your case will be handled correctly. 

Certificate of Rehabilitation Eligibility in Orange County 

You were convicted of a felony and committed to a state prison, institution, or agency including commitment to a county jail pursuant to subdivision (h) of Section 1170.

You have resided continuously in the State of California, after leaving prison or other institution or agency, for the five years immediately preceding the filing of your Petition.

You have lived an honest and upright life, conducted yourself with sobriety and industry, exhibited good moral character, and conformed to and obeyed all laws of the land since being released.  

Certificate of Rehabilitation Timeline

Your rehabilitation timeline begins when you are either discharged from custody after completing the term to which you were sentenced, or upon your release on parole or probation, whichever comes first.  The period of rehabilitation consists of five years of residence in this state plus one of the following periods: 

To the five years of residency, four years will be added, making the rehabilitation period a total of nine years, if you were convicted of violating Penal Code sections 187, 209, 219, 4500, or 18755, or Military and Veterans Code section 1672, subdivision (a), or of committing any other offense which carries a life sentence. 

To the five years of residency, two years will be added, making the rehabilitation period a total of seven years, if you were convicted of any offense not listed above, or any offense that required sex offender registration (with some exceptions). 

Certificate of Rehabilitation Procedure

In Orange County, the Office of the District Attorney look for: Evidence of Vocation and Evidence of Rehabilitation.  The courts and DA’s want letters, documents, certificates, showing you have gone to school, gotten a job, volunteered, and/or pursued education.  They want to know what you have been doing with your time.  The Orange County District Attorney and Court also wants to see evidence of sobriety.  Do you have AA meeting documented?  Have you attended a rehabilitation center?  Are you seeking therapy?  All this information needs to be gathered so you can include these documents with your Petition when filing with the clerk. 

Next step is getting your date.  Once you have all your documents together, the Clerk will give you a date 45 days from the date of filing.  And once you pick your date, the DA may reach out to your Orange County Rehabilitation Attorney to let you now whether they need anything else.  That is the advantage of hiring an Orange County Certificate of Rehabilitation Attorney – the relationships they have with the local DAs.  So instead of the DA filing an opposition, they can just reach out to your Orange County attorney to let them know what they are looking for, in getting your Certificate of Rehabilitation. 

The date you choose is when your hearing will be held.  The court will look at your documents, and if the DA is on your side, you will have a better chance of getting your petition granted.  If not, the court sometimes gives recommendations and you can then follow such recommendations and refile your Petition again. 

Selecting your Orange County Certificate of Rehabilitation Attorney 

Your choice of legal representation should be based on the attorney’s experience with post conviction relief, specifically Petitions for Certificate of Rehabilitations, success rate, and knowledge of the Orange County court system.  Our relationships with Orange County District Attorneys helps greatly when pursuing your Petition. And, our knowledge with the judges is unparalleled.  

How soon should I initiate the Petition for a Certificate or Rehabilitation? 

If you meet the dates outlined above (i.e. – have you been out of custody for 7 years?), you can start the process in getting your life back in track.  The time it can take to gather the documents may take awhile so getting in touch with an Orange County Certificate of Rehabilitation Attorney the sooner the better is key in getting you organized and supported through this process.  Our dedication to our clients and legal expertise, as well as our knowledge of the local court system is undeniably invaluable in the process of filing a Petition for a Certificate of Rehabilitation.  

Petition for Factual Innocence (PC 851.8) or Petition to Seal Records (PC 851.91)

Here are two options: You can file a Petition for Factual Innocence (PC 851.8) or you can file a Petition to Seal your records (PC 851.91).

For a Petition for Factual Innocence, you have the burden of proof of showing that there is no reasonable cause for your arrest. In other words, the police has no reason to arrest you in the first place because you are innocent. This can be a hard one to prove. In the simple battery example used above, the elements for a simple battery are 1) you touch someone, 2) willfully, and 3) in a harmful or offensive manner. So, as long as someone was offended when you touched them, the police could technically have reasonable cause to arrest you for battery.

Now, unless the wrong person was arrested or there are facts not articulated in the arrest report that can be litigated now to change the whole circumstance of the case, a Petition for Factual Innocence could be an uphill battle. DNA, alibi, phone records, witness testimony, affidavits, journals, etc. may be used to prove once’s innocence at a hearing for a Petition for Factual Innocence. And, once you show there is no reasonable cause for your arrest, the burden then shifts to the prosecuting agency to show that there was reasonable cause. The judge will make the final call.

Now, for a Petition to Seal one’s records, all one has to show is that one was arrested, but never convicted. Or, one may have been arrested, or later have been acquitted, or their charges were reversed or vacated on appeal. Basically, so long as someone was never formally declared guilty of a criminal defense, made by the verdict of a jury, plea, or decision by the court, a Petition to Seal one’s records could be a great option.

A Difference between a Petition for Factual Innocence and Petition to Seal Records

A difference between a Petition for Factual Innocence and a Petition to Seal Records is that in the former, one’s record is sealed and destroyed. Meaning, once it is destroyed, there is no evidence one was ever arrested. Law enforcement is required to destroy all records of the arrest (photographs, police reports, etc.) after three years of the granting of the request. In the latter, however, one’s record is simply sealed. It is not destroyed. Though, for the purposes of answering the question of whether one has been arrested or not after one’s records are sealed, one can honestly answer “no” if their records were indeed sealed. Nevertheless, with a Petition to Seal your arrest records, if you want to become a peace officer, apply for public office, apply for licensure, or work for the California Lottery Commission, you are not relieved of your obligation to disclose the arrest. (But, your arrest is still sealed).

The nuances can be tricky so contacting an experienced Criminal Defense Attorney is important to your success.