Cal. Codes » Penal Code / PART 3. OF IMPRISONMENT AND THE DEATH PENALTY / TITLE 6. REPRIEVES, PARDONS AND COMMUTATIONS / CHAPTER 3.5. Procedure for Restoration of Rights and Application for Pardon
California Codes

Cal. Penal Code § 4852.1 (2026)

Procedure for Restoration of Rights and Application for Pardon

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)The court in which the petition is filed may require 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 or she was convicted, including the following:

(1)The record of the trial.

(2)The report of the probation officer, if any.

(3)The records of the prison, jail, detention facility, or other penal institution from which the petitioner has been released showing his or her conduct during the time he or she was there, including the records of the penal institution, jail, or agency doctor and psychiatrist.

(4)The records of the parole officer concerning the petitioner if the petitioner was released on parole, records of the probation officer concerning the petitioner if the petitioner was released on postrelease community supervision or mandatory supervision, or the records of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities concerning the petitioner if the petitioner had been committed to that authority.

(5)The written reports or records of any other law enforcement agency concerning the conduct of the petitioner since the petitioner’s release on probation, parole, postrelease community supervision, or mandatory supervision, or discharge from custody.

(b)A person having custody of any of the records described in subdivision (a) shall make them available for the use of the court in the proceeding.

Notes of Decisions
Cited in 3 cases, 2014–2015 · leading case: People v. J.W., 236 Cal. App. 4th 663 (Cal. Ct. App. 2015).
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People v. J.W., 236 Cal. App. 4th 663 (Cal. Ct. App. 2015). “Penal Code section 4852.03 provides that the period of rehabilitation must be for at least five years, with additional time based on the severity of the offenses.”
State of Washington v. Hal Roger Harrison, No. 31109-1 (Wash. Ct. App. June 3, 2014). “4th at 875 (citing CAL. PENAL CODE §§ 4852.1, 4852.11)). "'To enter an order known as a certificate of rehabilitation, the superior court must find that the petitioner is both rehabilitated and fit to exercise the rights and privileges lost by reason of his conviction.”
State v. Harrison, 326 P.3d 800 (Wash. Ct. App. 2014). “4th at 875 (citing Cal. Penal Code §§ 4852.1 , 4852.11)). “ ‘To enter an order known as a certificate of rehabilitation, the superior court must find that the petitioner is both rehabilitated and fit to exercise the rights and privileges lost by reason of his conviction.”
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