Who May Apply

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

  1. 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

  2. Were convicted of a felony†, or a misdemeanor sex offense specified in Penal Code §290 which has subsequently been dismissed pursuant to Penal Code §§ 1203.4 or 1203.4a, and you:
    • Have been discharged from custody, parole or probation; and
    • Have not been incarcerated in any penal institution, jail or facility since your release; and
    • Are not currently on probation for the commission of any other felony; and
    • Have resided for five years in California immediately prior to filing the COR petition‡; and
    • Have waited the required period of years (added to the POR), based upon the particular criminal offense for which you were convicted (Penal Code §4852.06).

† If you were placed on probation where the court actually imposed a state prison sentence, but suspended the execution of that sentence, and you never actually spent anytime in a state prison facility, you must use the COR petition to seek relief. Use of the dismissal procedure pursuant to Penal Code §1203.4, also known as an expungement, is not available to you in this limited circumstance.

‡ This residency requirement is known as the period of rehabilitation (POR).

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