• Tweet

Have the law firm that helped reform California’s certificate of rehabilitation law represent you in this important legal procedure. Attorney Mathew Higbee was a consultant and expert witness that helped to pass Senate Bill 530, which expanded access to the Certificate of Rehabilitation.

If you are looking for help from real experts with a track record of success that includes more than 5,ooo wins in California, we are here and ready to fight for you.

What a California Certificate of Rehabilitation Can Do

Although a certificate of rehabilitation will not erase the conviction or take things off of your record, it will put something very positive on your record. It also carries additional benefits, such as making it easier to obtain a professional license, removing some statutory prohibitions that may prevent a person with a felony from getting hired by certain government institutions, such as schools, and it can relieve some people of the duty to register as a sex offender.

The Certificate of Rehabilitation is an excellent option for:

1. Those who are not eligible for expungement because their sentence involved state prison.
2. Those who had their felony expunged and want an additional level of relief.
3. Those who are required to register as a sex offender.

Eligibility for a California Certificate of Rehabilitation

To be eligible to apply for a certificate of rehabilitation, a person must have been convicted of a misdemeanor that carries a requirement to register as a sex offender or any felony offense. There are also waiting periods that must be met. The quickest way to determine if you are eligible for a certificate of rehabilitation is to take our free online eligibility test.

If you are required to register pursuant to Penal Code 290, you become eligible after you meet waiting periods that start from the sooner of either the time you were discharged from jail or prison or the time you completed probation. The waiting period for most offenses is seven years.  However, a judge can waive the waiting period if the applicant proves that it is in the interest of justice.  It is not possible to waive the waiting periods for violations of subdivision (b), (c), or (d) of Section 311.2 or 314, if the person is required to register as a sex offender.  Also, there is 10 year waiting period that cannot be waived for anyone required to register as a sex offender pursuant to Penal Code 290 (subdivision (b), (c), or (d) of Section 311.2 or 314).

If you are not required to register pursuant to Penal Code 290, you become eligible to apply as soon as you complete your sentence (result of SB 530 - 2013, which went into effect on 1/1/2014).

A person is not eligible for a certificate if they are serving a mandatory life parole, or committed under death sentences, or if they were convicted of a violation of Section 269, subdivision (c) of Section 286, Section 288, subdivision (c) of Section 288a, Section 288.5, Section 288.7, or subdivision (j) of Section 289, or persons in military service.

All applicants must reside in California for the five consecutive years prior to applying for a certificate of rehabilitation.

Process of Applying for a Certificate of Rehabilitation & Pardon

A person must apply for a certificate in the county in which they currently reside or where the eligible offense occurred. The process varies by county. In general, it requires submitting a substantial amount of evidence to prove that you are rehabilitated. The District Attorney may conduct an investigation or interview from which to draw information and make a recommendation to the judge. The judge will consider both sides and then make a decision on whether to grant or deny the certificate of rehabilitation.

Section 4852.16 says that if the judge grants the certificate of rehabilitation, it shall be sent to the governor and treated as an application for a full pardon.

California Pardon & Firearm Rights Restoration

If the governor grants the pardon, the person shall have all rights restored, including the “right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens.” The right to own a gun/firearm cannot be restored if the person had a felony involving the use of a dangerous weapon (see PC section 4852.17).

We start the same day you sign up. Having handled more than 15,000 cases nationwide, we know how to get relief as fast as possible. The time it takes varies by court, but the typical case in California takes between six to eight months. The courts operate on a first-come, first-served basis, so the sooner you start, the sooner your certificate is granted.

Our flat fee includes all costs. We will conduct the research, file the necessary motions, respond to written or oral opposition from the District Attorney, and send one of our attorneys to court to argue the case in front of the judge.

View all of the Certificate of Rehabilitation Frequently Asked Questions.