(a)Except as otherwise provided in subdivision (b), if after hearing, the court finds that the petitioner has demonstrated by his or her course of conduct his or her rehabilitation and his or her fitness to exercise all of the civil and political rights of citizenship, the court may make an order declaring that the petitioner has been rehabilitated, and recommending that the Governor grant a full pardon to the petitioner. This order shall be filed with the clerk of the court, and shall be known as a certificate of rehabilitation.
(b)No certificate of rehabilitation shall be granted to a person convicted of any offense specified in Section 290 if the court determines that the petitioner presents a continuing threat to minors of committing any of the offenses specified in Section 290.
(c)A district attorney in either the county where the conviction was obtained or the county of residence of the recipient of the certificate of rehabilitation may petition the superior court to rescind a certificate if it was granted for any offense specified in Section 290. The petition shall be filed in either the county in which the person who has received the certificate of rehabilitation resides or the county in which the conviction was obtained. If the superior court finds that petitioner has demonstrated by a preponderance of the evidence that the person who has received the certificate presents a continuing threat to minors of committing any of the offenses specified in Section 290, the court shall rescind the certificate.
Notes of Decisions
Newland v. Bd. of Governors, 566 P.2d 254 (Cal. 1977).
· cites it 2× “" (Pen. Code, § 4852.13.) Section 4852.01 specifies the persons who are ineligible to petition for certificates of rehabilitation: "persons convicted of misdemeanors ; .”
Feinstein v. State Bar, 248 P.2d 3 (Cal. 1952).
· cites it 2× “) [6] The finding of the certificate of rehabilitation (Pen. Code, § 4852.13) that Feinstein is now of good moral character is not one that he presently possesses the highest moral qualities required of an attorney, nor is it binding upon The State Bar or this court.”
Daudert v. People, 94 Cal. App. 3d 580 (Cal. Ct. App. 1979).
“’ (Pen. Code, § 4852.13.)” It is therefore more reasonable to measure whether sufficient time has elapsed (beyond the three-year minimum) to demonstrate that a petitioner is fit to fully participate in contemporary society by laws which reflect present societal standards, rather…”
State v. Harrison, 326 P.3d 800 (Wash. Ct. App. 2014).
· cites it 3× “Cal. Penal Code §§ 4852.13 (a), .16. ¶8 RCW 9.”
State of Washington v. Hal Roger Harrison, No. 31109-1 (Wash. Ct. App. June 3, 2014).
“The parties do not dispute that a certificate of rehabilitation alone does not restore an individual's gun rights in California; a Governor's pardon in response to the certificate is required.”
People v. Gonzalez, No. E060942 (Cal. Ct. App. July 21, 2015).
“(Pen. Code, § 4852.13, subd. (a); Evid. Code, § 500.”
Cal. Penal Code § 4852.13(a): 3 cases
State of Washington v. Hal Roger Harrison, No. 31109-1 (Wash. Ct. App. June 3, 2014).
“The parties do not dispute that a certificate of rehabilitation alone does not restore an individual's gun rights in California; a Governor's pardon in response to the certificate is required.”
State v. Harrison, 326 P.3d 800 (Wash. Ct. App. 2014).
“Cal. Penal Code §§ 4852.13 (a), .16. ¶8 RCW 9.”
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