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 § 4852.16 (2026)

Procedure for Restoration of Rights and Application for Pardon

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(a)The certified copy of a certificate of rehabilitation transmitted to the Governor shall constitute an application for a full pardon upon receipt of which the Governor may, without any further investigation, issue a pardon to the person named therein, except that, pursuant to Section 8 of Article V of the Constitution, the Governor shall not grant a pardon to any person twice convicted of felony, except upon the written recommendation of a majority of the judges of the Supreme Court.

(b)Subject to criteria established by the Governor, a certificate of rehabilitation issued by a court shall be reviewed by the Board of Parole Hearings within one year of receipt of the certificate, which shall issue a recommendation as to whether the Governor should pardon that individual. Any criteria established by the Governor shall be made publicly available, but shall be otherwise exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.

Notes of Decisions
Cited in 1 case, 1996–1996 · leading case: United States v. Mark Hirsch HORODNER, 91 F.3d 1317 (9th Cir. 1996).
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United States v. Mark Hirsch HORODNER, 91 F.3d 1317 (9th Cir. 1996). “Cal.Penal Code § 4852.16. Anyone granted a full and unconditional pardon based on a certificate of rehabilitation is entitled "to exercise thereafter all civil and political rights of citizenship,” Cal.”
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