WITH A CERTIFICATE OF REHABILITATION, YOU CAN SHOW THE WORLD THAT, DESPITE YOUR CONVICTION, A JUDGE—A PERSON OF AUTHORITY—ATTESTS TO YOUR CHARACTER.
A criminal conviction can be a huge barrier to a getting a job. But many crimes are eligible for an expungement. Once a conviction is expunged, it no longer needs to be disclosed to prospective employers in most instances.[i]
But what if your conviction can’t be expunged? For instance, you are ineligible for expungement if you were sentenced to prison.[ii] And some crimes are so egregious that a conviction for such an offense disqualifies you from the expungement process.[iii]
Even in those instances, two forms of post-conviction relief may still be available to you: (1) a certificate of rehabilitation; and (2) a Governor’s pardon.
The Benefit of a Certificate of Rehabilitation
A certificate of rehabilitation under Penal Code §4852.01, if granted, does not entitle you to the employment protections of an expungement as described above.[iv] In other words, even if you receive a certificate of rehabilitation, you must still disclose your conviction to prospective employers.[v]
Although it cannot prevent your conviction from being disclosed, a certificate of rehabilitation is your best option if you were convicted of an offense that is ineligible for expungement or if you were convicted of a felony and sentenced to prison.[vi]
The benefit of obtaining a certificate of rehabilitation is to demonstrate to prospective employers that, despite your conviction, you took affirmative steps to complete your sentence and that you have rehabilitated to the satisfaction of a Judge.
[Obtaining] a Certificate of Rehabilitation demonstrates to prospective employers that … you have rehabilitated to the satisfaction of a judge.
If your conviction cannot be expunged, then you must be prepared to address this issue with prospective employers. The certificate of rehabilitation, which is the physical representation of all of your efforts to restore your status as a law-abiding citizen, will make that conversation easier.
But not even a certificate of rehabilitation can explain away this lapse in judgment.
A certificate of rehabilitation can also help you move on from your conviction by terminating the lifetime duty to register as a sex offender.[vii] Whether this type of post-conviction relief is available to you will depend on the individual circumstances of your case.
Governor’s Pardon
An added benefit of a certificate of rehabilitation is that, once it is granted, the certificate simultaneously serves as an application for a pardon from the Governor.[viii] The granting of a pardon is rare; a review of California’s last six governors revealed that only about 45 pardons, on average, are issued each year.[ix]
Still, if you are able to obtain a pardon from the Governor, all of the rights that you lost as a result of your conviction will be restored,[x] rights such as:
- The right to serve on a jury;[xi]
- The right to possess a firearm (unless you were convicted of a felony involving the use of a dangerous weapon);
- The ability to work as a probation officer or parole officer (but not as a peace officer);[xii]
- Relief from the lifetime duty to register as a sex offender — if the underlying conviction was for certain sex crimes[xiii]
Even with a Governor’s Pardon, you’ll still have to disclose your conviction to prospective employers.
Still, the disclosure is mitigated by the fact that both a Judge and the Governor of the State of California have, effectively, vouched for you.
Ask A Professional For Help
Both a certificate of rehabilitation and a Governor’s pardon can help you ease the concerns of a prospective employer. But receiving either of these forms of post-conviction relief will take work and determination.
Michael Ocampo, Attorney at Law, is a skilled attorney and a former deputy district attorney. Michael will guide you through the stressful process and will strive to achieve the best outcome for your unique situation.
Michael’s services are reasonably priced and are available at a flat rate; pricing is designed to help you avoid the unpredictability of hourly billing.
Contact Michael at (714) 451-6834 to schedule a no-charge, initial consultation.
[i] “No employer, whether a public agency or private individual or corporation, shall ask an applicant for employment to disclose … information concerning … a conviction that has been judicially dismissed or ordered sealed pursuant to law, including, but not limited to, [Penal Code] Sections 1203.4[.]” Labor Code §432.7(a)(1). See also 2 California Code of Regulations (“C.C.R.”) §11017.1(b)(3). However, the conviction must still be disclosed if applying for a license from a state agency, running for public office, or applying to become a peace officer. See Penal Code §1203.4(a)(1); Labor Code §432.7(e).
[ii] “Defendant claims that … the Legislature intended to extend the benefits of section 1203.4 to state prison parolees. He argues that the broad ‘interests of justice’ language of the 1971 amendment should be read to encompass one in his position. We are not persuaded. Defendant’s argument flies in the face of the very language of the statute. The section speaks only in terms of probation. Nowhere in the text of that statute does the word ‘parole’ appear, either expressly or by implication. … [P]robation and parole are quite different animals.” People v. Borja (1980) 110 Cal. App.3d 378, 381; Penal Code §1203.4(a)(1). Note: Depending on the underlying felony, a person who was sentenced to prison followed by a period of “mandatory supervision” may be eligible for expungement. See Penal Code §§1170(h)(5), 1203.41(a).
[iii] Penal Code §1203.4(b).
[iv] See Penal Code §4852.01 et seq., Labor Code §432.7. Felonies for which a person was sentenced either to probation only or to jail pursuant to Penal Code §1170(h) are eligible for both expungement as well as a certificate of a rehabilitation. See Penal Code §§ 1203.4, 1203.41(a), 4852.01(a), (b). However, since a certificate of rehabilitation cannot stop the disclosure of the conviction, it would be prudent to expunge such convictions instead.
[v] See Penal Code §4852.01 et seq., Labor Code §432.7. Additionally, state licensing agencies still retain the discretion to deny issuing you a license or to reinstate your license despite your receipt of a certificate of rehabilitation. See Penal Code §4852.15.
[vi] See Penal Code §§ 1203.4(b), 4852.01(a). Applying for a certificate of rehabilitation may also be appropriate if you previously applied for expungement and were denied and have since made strides in your life both personally and professionally. Additionally, an added benefit of acquiring a certificate of rehabilitation is that can relieve you of the lifetime duty to register as a sex offender — if your underlying conviction qualifies. See Penal Code §290.5(a)(1).
[vii] Penal Code §§290.5(a), 4852.01.
[viii] Penal Code §§4852.16, 4852.13(a); Calif. Const. Article V, Section 8(a).
[ix] http://www.latimes.com/politics/la-pol-ca-jerry-brown-christmas-pardons-20171223-story.html.
[x] Penal Code §4852.17.
[xi] See also Code of Civil Procedure §203(a)(5).
[xii] Government Code §1029(c). Still, the Probation or Parole Departments can still refuse to hire an applicant, despite the applicant’s qualifications and despite the applicant’s receipt of a pardon from the Governor. See same.
[xiii] Penal Code §290.5(b)(1), (a)(2).
