Mariposa — Certificate of Rehabilitation and Pardon Info

Source: https://www.mariposa.courts.ca.gov/files/Certificate%20of%20Rehabilitation%20and%20Pardon%20Info%20Packet.pdf

Superior Court of California,

County of Mariposa

Certificate of Rehabilitation

& Pardon Instruction Packet

Superior Court of California, County of Mariposa 5088 Bullion Street PO Box 28 Mariposa, CA 95338

Certificate of Rehabilitation and Pardon

Quick Reference for Restoration of Rights

In California, the granting of a Certificate of Rehabilitation or a Governor’s

Pardon restores to the applicant some rights of citizenship that were forfeited as
a result of a conviction.

Certificate of Rehabilitation Governor’s Pardon

Does: Does:

Relieve some sex offenders, as specified, of fur - Allow restoration of firearms rights, upon fed - ther duty to register. (Pen. Code § 290.5) eral approval, to specified offenders who have obtained a Certificate of Rehabilitation. (Pen. Enhance a felon’s potential for licensing consid- Code § 4852.17) eration by a State Board. (Pen. Code § 4853) Allow a felon to be considered for appoint- Serve as an official document to demonstrate a ment as a county probation officer or a state felon’s rehabilitation. parole agent. (GOV. Code § 1029, subd. (c)) Serve as an automatic application for a Allow specified sex offenders still required to gubernatorial pardon. register after obtaining a Certificate of Reha - bilitation to be relieved of their duty to regis- ter. (Pen. Code § 290.5)

Does Not: Does Not:

Erase Felony Conviction or seal record. (Pen. Erase Felony Conviction or seal record. (Pen. Code § 4852.17) Code § 4852.17)

Prevent the offense from being considered a Prevent the offense from being considered a prior conviction prior conviction

Allow a felon to answer no on employment ap- Allow a felon to answer no on employment plications that he/she has no record of convic- applications that he/she has no record of con - tion. viction.

Restore the right to possess a firearm. Restore the right to own firearms to felons convicted of any offense involving the use of a dangerous weapon. (Pen. Code § 4854)

Pardon federal or out-of-state convictions.

Necessarily prevent deportation.

Superior Court of California, County of Mariposa 5088 Bullion Street PO Box 28 Mariposa, CA 95338

Certificates of Rehabilitation in Mariposa County:

Filing Instructions

1. You must be a resident of Mariposa County, or have been convicted of a Felony in Mariposa County, to file a Petition for Certificate of Rehabilitation in Mariposa County. The offense may have occurred in another county.

2. Complete the Notice of Filing for Certificate of Rehabilitation. Do not fill in a Court date or time.

3. Complete the Petition for Certificate of Rehabilitation.

4. Make 4 copies of each document.

5. File both forms with the Court; there will not be a filing fee. (Pen. Code § 4852.09)

6. The Clerk will set a hearing date, approximately 35 days out (30 days + 5 days for service by mail), and stamp the hearing details on the Notice of Filing of Petition for Certificate of Rehabili - tation.

7. The Court will keep the original filed document, and return all conformed copies. You will need to serve documents on all parties, or the Court may not consider the Petition at the time of the hearing. Documents need to be served approximately 30 days before the hearing. Serve docu- ments on the following parties:

   Governor District Attorney The District Attorney in the State Capitol Building PO Box 730 CA county in which you were Sacramento, CA 95814 Mariposa, CA 95338 convicted if not Mariposa.

8. File a Proof of Service with the Court after serving the documents on all parties.

9. You may hear from the District Attorney’s office in regards to further investigation.

10. Attend the hearing.

Superior Court of California, County of Mariposa 5088 Bullion Street PO Box 28 Mariposa, CA 95338

Certificates of Rehabilitation in Mariposa County:

Eligibility Criteria

A person convicted of a felony who is committed to a state prison or other institution or agency, including commitment to a county jail pursuant to subdivision (h) of Section 1170, may file a pe- tition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter.

A person convicted of a felony or a person who is convicted of a misdemeanor violation of any sex offense specified in Section 290, the accusatory pleading of which has been dismissed pursu - ant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in a prison, jail, deten - tion facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and the petitioner presents satisfacto- ry evidence of five years’ residence in this state prior to the filing of the petition.

This chapter does not apply to persons serving a mandatory life parole, persons committed un - der death sentences, persons convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, or persons in military service.

Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Sec- tion 288a, if there are extraordinary circumstances.

See attached “Quick Reference for Restoration of Rights”

Superior Court of California, County of Mariposa 5088 Bullion Street PO Box 28 Mariposa, CA 95338

Applying for a Governor’s Pardon:

Application Instructions

For most people, obtaining a Certificate of The applicant should complete the Appli- Rehabilitation from the Superior Court in your cation for Executive Clemency, and send the No- county is the first step to applying for a pardon. tice of Intent to Apply for Executive Clemency to Those who are not a resident of California, or in- the District Attorney in each county that the ap- eligible for a Certificate of Rehabilitation, must plicant was convicted in. The District Attorney use a direct Pardon application. There is not a fee acknowledges the receipt pf the Notice of Intent, for applying for a Pardon. and returns it to the Governor’s Office. Finally, the applicant should return the completed appli- Certificate of Rehabilitation cation to the Governor’s Office. Upon a Certificate of Rehabilitation being There is not a requirement that the Gov- granted, it is forwarded to the Governor’s Office, ernor take any action on an application for a Par- where is automatically becomes an application don. Once a Certificate of Rehabilitation or a Di- for a Governor’s Pardon. The Governor’s receipt rect Pardon is received, the Office typically for - of a Certificate does not mean that a Pardon will wards it to the Board of Parole Hearings. The be granted. Board may conduct a background investigation Direct Pardon and make a recommendation. If the applicant A Direct Pardon is available to those who was convicted of multiple felonies, a recommen- live out of state, or are ineligible to apply for a dation must be made by the California Supreme Certificate of Rehabilitation. Applications can be Court before the Governor may grant the Par- obtained at www.gov.ca.gov, or by requesting an don. The length of time for the Pardon to be application in writing at the following address: completed is not able to be predicted; the appli- cant will be notified if any action is taken. Appli -Governor’s Office cants should notify the Governor’s Office inState Capitol Attn: Legal Affairs writing if their mailing address changes. Sacramento, CA 95814 See attached “Quick Reference for Restoration of Rights” to understand the effect of a Pardon

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF Applicant's County of Residence

In the Matter of the Application of

Court use only

Type Applicant’s Full Name - First Middle Last and Suffix, if applicable

Date of Birth Month Day, Year CII Number

Criminal Case Number(s) List applicable Criminal Case Number(s)

PETITION FOR CERTIFICATE OF REHABILITATION AND PARDON Pursuant to Penal Code Sections 4852.01 and 4852.06

The above-named applicant hereby respectfully represents and shows that:

FELONY HISTORY

[ All felony convictions must be listed. If you have suffered more than three (3) felony convictions, attach additional sheets following the same format. ]

Most Recent Felony Conviction

On or about , I was convicted of the crime of , Month Day, Year Indicate crime and Penal Code Section

in the county of , California. My sentence for this offense was:

[ Check appropriate box ]

Commitment to state prison or other state institution at ;
Name of institution or city where located

Probation with suspended sentence to state prison or other state institution;

Probation, after the sentencing proceedings were suspended.

Thereafter, on or about , I was; Date released from custody

[ Check appropriate box ]

Discharged from state prison or other state institution after completing my sentence;

Released on parole, from which I was finally discharged on ;
Discharge date

Released from custody on probation after serving a jail sentence;

As a condition of my probation, I was released from custody after serving time in jail, and successfully

completed my probation on , and obtained relief under Penal Code Date probation ended section 1203.4 on . Date 1203.4 granted by the Court

FORM 1 (Revised 3/25/04) This form was prepared by the Investigations Division of the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

Second Most Recent Felony Conviction

On or about , I was convicted of the crime of , Month Day, Year Indicate crime and Penal Code Section

in the county of , California. My sentence for this offense was:

[ Check appropriate box ]

Commitment to state prison or other state institution at ; Name of institution or city where located

Probation with suspended sentence to state prison or other state institution;

Probation, after the sentencing proceedings were suspended.

Thereafter, on or about , I was; Date released from custody

[ Check appropriate box ]

Discharged from state prison or other state institution after completing my sentence;

Released on parole, from which I was finally discharged on ; Discharge date

Released from custody on probation after serving a jail sentence;

As a condition of my probation, I was released from custody after serving time in jail, and successfully

completed my probation on , and obtained relief under Penal Code
Date probation ended
section 1203.4 on .
Date 1203.4 granted by the Court

Third Most Recent Felony Conviction

On or about , I was convicted of the crime of , Month Day, Year Indicate crime and Penal Code Section

in the county of , California. My sentence for this offense was:

[ Check appropriate box ]

Commitment to state prison or other state institution at ; Name of institution or city where located

Probation with suspended sentence to state prison or other state institution;

Probation, after the sentencing proceedings were suspended.

Thereafter, on or about , I was; Date released from custody

[ Check appropriate box ]

Discharged from state prison or other state institution after completing my sentence;

Released on parole, from which I was finally discharged on ; Discharge date

Released from custody on probation after serving a jail sentence;

As a condition of my probation, I was released from custody after serving time in jail, and successfully

completed my probation on , and obtained relief under Penal Code
Date probation ended
section 1203.4 on .
Date 1203.4 granted by the Court

FORM 1 (Revised 3/25/04) This form was prepared by the Investigations Division of the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

RESIDENCY HISTORY

I am now a resident of the State of California, and I have continuously resided in the State of California

from , to the present date. Month Day, Year

APPLICANT'S DECLARATION

During the period of my rehabilitation, I have lived an honest and upright life, conducted myself with sobriety and industry, and exhibited good moral character. I have conformed to and obeyed all the laws of the land.

WHEREFORE, Your petitioner prays that the Court make its order and decree declaring that the petitioner has been rehabilitated; and for a Certificate of Rehabilitation recommending that the Governor of the State of California grant petitioner a full pardon; and that for such purpose, a time be appointed for the hearing of the foregoing petition; and that other and necessary proper orders may be made in the premises.

Applicant's Signature Month Day, Year

Applicant's Street Address

Applicant's City, State ZIP Code

FORM 1 (Revised 3/25/04) This form was prepared by the Investigations Division of the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

FORM 1 INSTRUCTIONS

1. After completing the Petition for Certificate of Rehabilitation and Pardon, file it with the Superior Court in the county in which you reside. In every case, you must have resided continuously for five (5) years in this state prior to filing the petition.

2. The period of rehabilitation begins to run upon your discharge from custody or upon release on parole or probation, whichever is sooner. The period of rehabilitation shall constitute five (5) years residence in this state, plus a period of time determined by the following rules:

   • To the five (5) years there shall be added four (4) years in the case of any person convicted of violating Section 187, 209, 219, 4500, or 12310 of the penal code, or subdivision (a) of Section 1672 of the Military and Veterans Code, or any other offense which carries a life sentence. • To the five (5) years there shall be added two (2) years in the case of any person convicted of committing any offense not listed above and which does not carry a life sentence. (The majority of applicants require a seven-year rehabilitation period). • To the five (5) years the trial court hearing the application for the Certificate of Rehabilitation may add additional years when a person has served consecutive sentences. The amount of additional time will not exceed the sum of the maximum penalties for all the crimes. • To the five ( 5) years there shall be added five (5) years in the case of any person convicted of any offense or attempted offense for which sex offender registration is required pursuant to P.C. 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314. For those convictions, two years shall be added to the five years imposed by this section. • Any person discharged after completion of his/her term or released on parole before May 13, 1943, is not subject to the periods of rehabilitation set forth in these rules.

3. If you were released on felony probation and successfully completed probation, you must obtain relief under Penal Code Section 1203.4 before applying for a Certificate of Rehabilitation.

4. You are entitled to be represented by an attorney of your own selection, or by the public defender. You are entitled to receive assistance from all rehabilitative agencies including officers from adult probation and parole, and for persons under the age of 30 years, from the Youth Authority.

5. It is unlawful for anyone, other than an attorney, to accept any fee, money or anything of value for their services in representing you in this proceeding.

6. You are not required to pay filing fees of any kind in connection with this proceeding.

7. When the Court sets a hearing date on your Petition, you are required to give notice of that date at least thirty (30) days before the hearing. You must formally notify the District Attorney for each county in which you have been convicted, and the Governor's Office.

8. A Certificate of Rehabilitation is not an automatic pardon; it is only an automatic application for a pardon.

IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

IN AND FOR THE COUNTY OF Applicant's County of Residence

In the Matter of the Application of

Court use only

Type Applicant’s Full Name - First Middle Last and Suffix, if applicable

Date of Birth Month Day, Year CII Number

Criminal Case Number(s) List applicable Criminal Case Number(s)

NOTICE OF FILING OF PETITION FOR CERTIFICATE OF REHABILITATION AND PARDON Pursuant to Penal Code Sections 4852.01 and 4852.06

To the Governor of the State of California:

District Attorney, County of ; County of Residence

District Attorney, County of ; Most recent felony in county of conviction, if different from County of Residence

District Attorney, County of ; 2 nd most recent felony in county of conviction, if applicable

District Attorney, County of ; 3 rd most recent felony in county of conviction, if applicable

You and Each of You Will Please Take Notice That On the day of ; Date you filed your Petition for Certificate of Rehabilitation and Pardon

the undersigned has filed a petition in the above-mentioned court(s) for a Certificate of Rehabilitation and

Pardon in accordance with the provision of Chapter 3.5, Title 6, Part 3 of the Penal Code of the State of

California, and that said petition has, by said court, been set for a hearing on the day of Day of hearing

to commence at a.m. p.m., of said day, or as soon
Month, Year Time of hearing

as the matter can be heard, in its courtroom, department at the courthouse Department

in the city of ,county of state of California. City where hearing will be held County where hearing will be held

Applicant's Signature Month Day, Year

Applicant's Street Address

Applicant's City, State ZIP Code

FORM 2 (Revised 3/25/04) This form was prepared by the Investigations Division of the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

AFFIDAVIT OF SERVICE BY MAIL

STATE OF CALIFORNIA

City of , County of

I, being first duly sworn, deposes, and says: Full Name - First Middle Last and Suffix, if applicable

I am a citizen of the United States, am over the age of 18 years, and am not a party to the above-entitled

proceeding. I am a resident of the County of , State of California. County of Residence

My residence business address is Street Address

City, State ZIP Code

On the day of , I served the attached Notice to each person listed below Day of the Month Month, Year

Full Name - First Middle Last and Suffix, if applicable Street Address County

Full Name - First Middle Last and Suffix, if applicable Street Address County

Full Name - First Middle Last and Suffix, if applicable Street Address County

Full Name - First Middle Last and Suffix, if applicable Street Address County

by placing a copy of this Notice in a sealed envelope and mailing it first class, postage pre-paid to each

person as listed above. There is a delivery service by United States mail at each of the places so

addressed, or there is a regular communication by mail between the place of mailing and each of the

places so addressed.

Subscribed and sworn to before me this day of . Day of the Month Month, Year

Full Name of Notary Public - TYPED or PRINTED Notary Public - SIGNATURE

In and for the City of , County of , California.

FORM 2A (Revised 4/7/20) This form was prepared by the Investigations Division of the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

NOTICE OF SERVICE IN PERSON

Receipt of copy of this Notice is hereby admitted this day of . Day of the month Month, Year

Governor's Office
State Capitol
Legal Affairs Division

Full Name of Governor's staff - TYPED or PRINTED Governor's staff - SIGNATURE

Governor's staff - TITLE Month Day, Year

Receipt of copy of this Notice is hereby admitted this day of . Day of the month Month, Year

Full Name of District Attorney staff - TYPED or PRINTED District Attorney staff - SIGNATURE

County District Attorney Month Day, Year

Receipt of copy of this Notice is hereby admitted this day of . Day of the month Month, Year

Full Name of District Attorney staff - TYPED or PRINTED District Attorney staff - SIGNATURE

County District Attorney Month Day, Year

Receipt of copy of this Notice is hereby admitted this day of . Day of the month Month, Year

Full Name of District Attorney staff - TYPED or PRINTED District Attorney staff - SIGNATURE

County District Attorney Month Day, Year

Receipt of copy of this Notice is hereby admitted this day of . Day of the month Month, Year

Full Name of District Attorney staff - TYPED or PRINTED District Attorney staff - SIGNATURE

County District Attorney Month Day, Year

FORM 2B (Revised 3/25/04) This form was prepared by the Investigations Division of the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

FORM 2 INSTRUCTIONS

1. After completing this Notice of Filing for Certificate of Rehabilitation and Pardon, make enough copies to distribute one (1) copy to:

❑ the Governor of California; ❑ the District Attorney in your county of residence where you filed your Petition for Certificate of Rehabilitation and Pardon, and; ❑ each District Attorney of the county in which you were convicted of a felony.

2. This Notice of Filing for Certificate of Rehabilitation and Pardon must be served to all of the aforementioned individuals at least thirty (30) days prior to the date set for your hearing. You may do so by utilizing one or both of the following forms, in any combination necessary, as long as all of the aforementioned individuals have been served.

   • Affidavit of Service by Mail (Form 2A) - If you intend to have a Notary Public mail a copy of the Notice of Filing for Certificate of Rehabilitation and Pardon to each of the aforementioned individuals, you may do so by having the Notary Public complete and sign the Affidavit of Service by Mail. Mailing procedures are outlined in the Affidavit.

   • Notice of Service in Person (Form 2B) - If you intend to hand-deliver a copy to each of the aforementioned individuals, you may do so by utilizing this form and having each individual sign in the appropriate space indicating that a copy of the Notice of Filing for Certificate of Rehabilitation and Pardon was received.

3. After you have served all the aforementioned individuals, personally or by mail, file this completed Notice of Filing for Certificate of Rehabilitation and Pardon and the Affidavit of Service by Mail or Notice of Service in Person, or both, as the case may be, with the Superior Court in the county in which you reside.