Certificate of Rehabilitation Granted for a Client Convicted of Health and Safety Code section 11351, “Possession for Sales of a Controlled Substance,” and Penal Code section 4532, “Escape from Custody.”

Recently, in Santa Clara County, at the San Jose Hall of Justice, our office was able to successfully litigate a Penal Code section 4852.01(a), Certificate of Rehabilitation. Our client had two felony convictions, one conviction for violating Health and Safety Code section 11351, “Possession for Sales of a Controlled Substance” and one conviction for violating Penal Code section 4532, “Escape from Custody.”

According to the procedure for filing a Certificate of Rehabilitation in Santa Clara County, we assisted our client with completing the formal petition for a Certificate of Rehabilitation and the substantial Personal History Information Questionnaire required by the Santa Clara District Attorney’s Office. After we completed the initial requirements, our client was required to meet with a representative of the District Attorney’s Office for an extensive interview. The District Attorney’s Office then submitted supplemental information to the court for its consideration of the request for relief.

In addition, our office sent the District Attorney’s Office an equity package detailing our client’s work history, letters of recommendation, and other documents in support.

In order to obtain a Certificate of Rehabilitation pursuant to Penal Code section 4852.01, the petitioner generally must fulfill the following requirements:

  1. Be an individual who was convicted of a felony OR an individual who was convicted of a misdemeanor Section 290 sex offense that has been granted relief under Section 1203.4;
  1. Has not been incarcerated in any other state penal institution since his or her release;
  1. Is not on probation for any other felony offense; and
  1. Must present evidence that he or she has been a resident of California for five years preceding the filing of the petition.[1]

At the hearing on the Petition, all counsel met in chambers and discussed the petition and our client’s rehabilitation in extensive detail. After discussion in chambers, the petition was granted and our client was deemed rehabilitated.

Once a person is granted a Certificate of Rehabilitation, the Governor automatically receives an application for Pardon and it is in Governor’s discretion to grant the full Pardon.

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The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Escovar & Avila, LLP or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this Post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction. The information on this website is a communication and is for informational purposes only. The facts of every case are unique and nothing on this page or on this website should be taken as legal advice for any individual case or situation. The information on this website is not intended to create an attorney-client relationship and viewing of this information does not create an attorney-client relationship. The result portrayed in this advertisement was dependent on the facts of this case. Results will differ if based on different facts.

 

[1] See full text of Penal Code section 4852.01 at the following link:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=4852.01

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