(a)Except as specified in subdivision (b), a person convicted of a felony may file a petition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter.
(b)A person convicted of a
misdemeanor violation of any sex offense specified in Section 290, or a felony violation of any sex offense specified in Section 290 who is granted probation, 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 a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, 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.
(c)This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons
convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, or persons in military service.
(d)Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, if there are extraordinary circumstances.
Notes of Decisions
Newland v. Bd. of Governors, 566 P.2d 254 (Cal. 1977).
· cites it 2× “The third variety (the misdemeanant who was not placed on probation) is eligible for neither badge; as a misdemeanant he can't get a certificate of rehabilitation (Pen. Code, § 4852.01, subd. (d)); as a nonprobationer, he can't proceed under section 1203.”
In Re Fain, 145 Cal. App. 3d 540 (Cal. Ct. App. 1983).
· cites it 2× “(Pen. Code, § 4852.01 et seq. and tit. 15, Cal.”
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006).
“(Pen. Code, §§ 4852.01, 4852.03, 4852.05, 4852.”
Truchon v. Toomey, 254 P.2d 638 (Cal. Ct. App. 1953).
· cites it 2× “(Pen. Code, § 4852.01 et seq.) In section 4852.”
Feinstein v. State Bar, 248 P.2d 3 (Cal. 1952).
· cites it 2× “) "During the period of rehabilitation the person shall live an honest and upright life, shall conduct himself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land.”
People v. Parker, 2006 Cal. Daily Op. Serv. 7114 (Cal. Ct. App. 2006).
“(Pen. Code, § 4852.01 et seq.) 1 Parker, an Arizona resident, contends that the statute’s five-year California residency requirement violates his constitutional right to travel by providing for disparate treatment of resident and nonresident ex-felons.”
People v. Taylor, 178 Cal. App. 2d 472 (Cal. Ct. App. 1960).
“” (Pen. Code, §4852.01.) It is to be assumed that such person was not eligible for probation when first convicted: The pardon sections therefore provide an alternative method by which convicted felons who have served a prison term may be restored to some of the “civil and…”
Ayala v. Superior Court, 146 Cal. App. 3d 938 (Cal. Ct. App. 1983).
“Petitioner seeks review of an order of the superior court denying his petition for a certificate of rehabilitation (Pen. Code, § 4852.01, et seq.). 1 Inasmuch as it appears that appeal is an inadequate remedy, this court has issued an alternative writ of mandate.”
State v. Buonafede, 814 P.2d 1381 (Ariz. 1991).
“, Cal.Penal Code § 4852.01 (West 1982), issues a certificate of rehabilitation to a person based on a finding of rehabilitation, then Arizona Rule 609(c) would preclude impeaching that person with the underlying conviction in an Arizona proceeding.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.