Certificate of Rehabilitation

A Certificate of Rehabilitation (COR) (also known by some as a Certificate of Rehabilitation and Pardon) is a court order declaring that a person convicted of a felony, or certain specified misdemeanor sex offenses, is now rehabilitated. If a petition for a COR is granted, it is forwarded to the Governor by the Court and constitutes the application for a pardon. The laws pertaining to the COR process can be found in Penal Code §§ 4852.01 through 4852.21, inclusive.

Receipt of a COR by the Governor does not guarantee that an actual pardon will be granted. The Governor has great latitude in deciding whether or not to grant a full pardon. See California Constitution Article 5, §8.

Generally, any person convicted of a felony† who still resides in California‡ may apply for a COR to the Superior Court in his or her county of residence, provided that he or she meets the strict statutory requirements for demonstrating actual rehabilitation. (Penal Code §4852.06.).

Special laws apply to those convicted of sex offenses. Persons convicted of misdemeanor sex offenses specified in Penal Code §290 may apply if the conviction has been dismissed pursuant to Penal Code §§ 1203.4 or 1203.4a. However, persons convicted of felony sex offenses under Penal Code §§ 286(c) [forcible sodomy], 288 [lewd conduct with a child under 14], 288a(c) [forcible oral copulation], 288.5 [continual sexual abuse of a minor under 14], and 289(j) [forcible sexual penetration] are not eligible for a COR. When a COR has been issued by the Superior Court, it relieves those convicted of some sex offenses from having to register as a sex offender under Penal Code §290.

For more information on 290 [sexual] registration requirements, contact the California Department of Justice, Sexual Registration Unit, or your local law enforcement agency.

† If you were convicted of a misdemeanor, you must use the "traditional" pardon process. In addition, if you were convicted of a felony and a misdemeanor in the same case, you must use the COR for the felony, and use the "traditional’ pardon process for the misdemeanor.

‡ Although you may move to different residences inside California without affecting your period of rehabilitation (see Penal Code §4852.02), continuity of residency in California is required for the entire "period of rehabilitation." See Penal Code §4852.06. Thus, anytime spent outside of California will not count towards your period of rehabilitation.

Source: Office of the Governor, Legal Affairs Secretary, California; Penal Code

Application Help

If, prior to or while filling out the COR petition, the applicant has any questions or concerns about, or any factors the Court may deem important when filing the COR in the Superior Court, the following California rehabilitative agencies must, upon request of the applicant, provide assistance to him or her (see Penal Code §4852.04):

Application Procedure

The petition for a Certificate of Rehabilitation (COR) (also known as a Certificate of Rehabilitation and Pardon) must be filed in the Superior Court of the applicant's (i.e. the person who is actually filing the petition) current county of residence. (Penal Code §4852.06.)

The petition for a COR can be obtained from the court clerk, probation department, public defender's office, or can be electronically accessed, completed and printed (if a printer is available) from the Shasta County Public Defender's Internet web site.

Eligibility

Although you are not eligible to receive a Certificate of Rehabilitation (COR), you may, upon a showing of extraordinary circumstances, apply for a pardon if you were convicted of one or more of these Penal Code offenses:

When to Apply

Persons eligible for a Certificate of Rehabilitation (COR) may file a petition with the Superior Court in their current county of residence once they have completed the period of rehabilitation (POR), plus a certain period of years designated by the Legislature, depending on the particular criminal offense for which he or she was convicted.

The POR begins to run upon discharge from incarceration, or upon release on probation or parole, whichever occurs first.

Who Is Not Eligible You are not eligible to receive a Certificate of Rehabilitation (COR) if you:

Are serving a mandatory life parole; or
Are under a sentence of death; or
Are currently in the military service.
Are convicted only of one or more misdemeanor offenses.

Source: Office of the Governor, Legal Affairs Secretary, California; Penal Code

Who May Apply You may apply for a Certificate of Rehabilitation (COR) if you:

Were convicted of a felony and served your sentence in a California prison facility, and
- Were discharged or released on parole prior to May 13, 1943; and
- Have not been incarcerated in a state penal institution since your release; and
- Have resided for three years in California immediately prior to filing the COR petition.
  OR

Certificate of Rehabilitation

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