Butte — Pardon Application by Certificate of Rehabilitation

Butte — Pardon Application by Certificate of Rehabilitation Packet¶

Source: https://www.buttecourt.ca.gov/LocalRules/CurrentRules/docs/Pardon%20Application%20by%20Certificate%20of%20Rehabilitation.pdf

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Page 1¶

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

Date of Birth Month Day, Year

CII Number

Criminal Case Number List all applicable Criminal Numbers

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 Convictions

On or about ,,,,,, IIIIII waswaswaswaswaswas convictedconvictedconvictedconvictedconvictedconvicted of the crime of , Month Day, Year Indicate crimecrimecrimecrimecrimecrime and Penal Code Section

InInInInInIn thethethethethethe countycountycountycountycountycounty of , California. My sentence for this offense was

[ Check all that apply ]

☐ 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

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

☐ ReleasedReleasedReleasedReleasedReleasedReleased onononononon parole,parole,parole,parole,parole,parole, fromfromfromfromfromfrom whichwhichwhichwhichwhichwhich IIIIII 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

completecompletecompletecompletecompletecomplete mymymymymymy probationprobationprobationprobationprobationprobation on , and obtained relief under Penal Code Date probation ended sectionsectionsectionsectionsectionsection 1203.41203.41203.41203.41203.41203.4 on . Date 1203.4 granted by the court

☐ Felony conviction was reduced to a misdemeanor (Provide court information): ;

FORM 1 (Revised 1/02/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

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Second Most Recent Felony Convictions

On or about ,,,,,, IIIIII waswaswaswaswaswas convictedconvictedconvictedconvictedconvictedconvicted of the crime of , Month Day, Year IndicateIndicateIndicateIndicateIndicateIndicate crimecrimecrimecrimecrimecrime and Penal Code Section

InInInInInIn thethethethethethe countycountycountycountycountycounty of , California. My sentence for this offense was

[ Check all that apply ]

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

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

Complete my probation on , and obtained relief under Penal Code Date probation ended SectionSectionSectionSectionSectionSection 1203.41203.41203.41203.41203.41203.4 on . Date 1203.4 granted by the court

☐ Felony conviction was reduced to a misdemeanor (Provide court information): ;

Third Most Recent Felony Conviction

InInInInInIn thethethethethethe countycountycountycountycountycounty of , California. My sentence for this offense was:

[ Check all that apply ]

☐ 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

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

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

☐ Felony conviction was reduced to a misdemeanor (Provide court information): ;

FORM 1 (Revised 1/02/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

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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.(Pen. Code, § 4852.05.)

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 and ZIP Code

Applicant’s Driver License Number

Applicant’s Email Address

Applicant’s Home Phone Number

Applicant’s Work Phone Number

Applicant’s Cell Phone Number

FORM 1 (Revised 1/02/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

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FORM 1 INSTRUCTIONS

Obtain Your Criminal Records

To complete this form, you will need information regarding each of your felony convictions, including the date of each conviction, the specific charge or charges for which you were convicted, the county of the conviction, and the sentence that was given. In addition, you will need to know the date that you were released from prison or jail and/or discharged from parole or probation.

This information may be obtained through the court in which the conviction(s) took place, or you may obtain a copy of your state criminal record through the California Department of Justice. You may only obtain your own records from the Department of Justice. Information regarding this request may

be obtained through the Office of the Attorney General website at https://oag.ca.gov/fingerprints/record-review. Regardless of the number of convictions, you will be filing only a single petition.

Confirm Your Eligibility

You are ineligible for a certificate of rehabilitation if any of the following are true:

You were convicted only of misdemeanors (other than sex offenses defined in Penal Code section 290, which were subsequently expunged) (Pen. Code, §4852.01, (b).)

You were convicted of specific sex crimes involving minor children as enumerated under Penal Code sections 286, subdivision (c), 288, 288a, subdivision (c), 288.5, and 289, subdivision (j). (Pen. Code, § 4852.01, (c).)

You are serving mandatory life parole. (Pen. Code, § 4852.01, (c).)

You were sent to state prison under a death sentence. (Pen. Code, § 4852.01, (c).)

You are currently in military service. (Pen. Code, § 4852.01, (c).)

Minimum Period of Rehabilitation

In order to be granted a certificate of rehabilitation you must satisfy a minimum period of rehabilitation. In every case, you must have resided continuously for five years in this state prior to filing the petition. (Pen. Code, § 4852.06) The period of rehabilitation begins to run upon your discharge from custody or upon release on parole or probation, whichever is sooner. (Pen. Code, § 4852.03, (a).) The period of rehabilitation shall constitute five years residence in this state, plus a period of time determined by the following rules:

An additional four years in the case of any person convicted of violating Section 187 (murder), 209 (aggravated kidnapping), 219 (derailing or wrecking a train), 4500 (assault with force likely to cause great bodily injury), or 12310 (use of explosives or destructive devices causing death, mayhem, or great bodily injury) of the Penal Code, or subdivision (a) of Section 1672 of the Military and Veterans Code (acting or failing to act so as to cause another person’s death), or any other offense which carries a life sentence. (Pen. Code, § 4852.03, (a)(1).)

An additional five years in the case of any person convicted of any offense or attempted offense for which sex offender registration is required pursuant to Penal Code 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2 (possession or distribution of media depicting a minor engaging in sexual conduct), or of Section 311.3 (sexual exploitation of a child), 311.10 (advertising obscene matter depicting a minor engaging in sexual conduct), or 314 (indecent exposure). For those convictions, two years shall be added to the five years imposed by this section. (Pen. Code, § 4852.03, (a)(2).)

FORM 1 (Revised 1/02/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

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An additional two years in the case of any person convicted of committing any offense not listed above and which does not carry a life sentence. (Pen. Code, §4852.03, (a)(3).)

Additionally, the trial court hearing your application for a certificate of rehabilitation may add additional years if you served consecutive sentences. The amount of additional time will not exceed the sum of the maximum penalties for all your crimes. (Pen. Code, § 4852.03, (a)(4).)

Felony Probation

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.

File Your Documents

After completing the Petition for Certificate of Rehabilitation and Pardon, you must file it with the superior court in the county in which you reside. (Pen. Code, § 4852.06.)

You are entitled to be represented by an attorney of your own selection, or by the public defender. (Pen. Code, § 4852.08.)

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 Division of Juvenile Facilities. (Pen. Code, § 4852.04)

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. (Pen. Code, § 4852.2.)

You are not required to pay filing fees of any kind in connection with this proceeding. (Pen. Code, § 4852.09.)
Notice of Filing

When the court sets a hearing date on your petition, you are required to give notice of that date at least 30 days before the hearing. You must formally notify the District Attorney for each county in which you have been convicted, the county in which the petition is filed, and the Governor's Office. (Pen. Code, § 4852.07.) For more information on the notice requirements, please reference the Notice of Filing of Petition for Certificate of Rehabilitation and Pardon.

After a Certificate of Rehabilitation is Issued

A certificate of rehabilitation is not an automatic pardon; it is only an automatic application for a pardon. In the event that a certificate of rehabilitation is issued by a court, the certificate of rehabilitation shall be reviewed by the Board of Parole Hearings within one year. Thereafter, the Board shall issue a recommendation as to whether the Governor should pardon that individual. (Pen. Code, § 4852.16, (b).)

FORM 1 (Revised 1/02/2019)This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

Exceptions & meaning →

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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

Date of Birth Month Day, Year

CII Number

Criminal Case Number List all applicable Criminal Numbers

NOTICE OF FILING OF PETITION FOR CERTIFICATE OF REHABILITATION 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 I the above-mentioned court orororororor courtscourtscourtscourtscourtscourts forforforforforfor aaaaaa CertificateCertificateCertificateCertificateCertificateCertificate

of Rehabilitation and Pardon in accordance with the provision of Chapter 3.5, Title 6, Part 3

ofofofofofof thethethethethethe penalpenalpenalpenalpenalpenal codecodecodecodecodecode ofofofofofof thethethethethethe statestatestatestatestatestate of California, and that said petition has, by said court, been

set for a hearing on the day of the to commence DayDayDayDayDayDay ofofofofofof Hearing Month, Year

at ☐ a.m. ☐ p.m., of said day, or as soon as the matter can be heard, in Time of hearing

its courtroom, department at the courthouse in the city of Department

, 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 and ZIP Code

FORM 2 (Revised 1/02/2019) This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

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AFFIDAVIT OF SERVICE BY MAIL

STATE OF CALIFORNIA

City of , County of

I, being first duly sworn, deposes and says:

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

above-entitled proceedings. I am a resident of the County of , County of Residence State of California.

My ☐residence ☐business address is: Street Address

City, State and ZIP Code

On the day of , I served the attached Notice to DayDayDayDayDayDay ofofofofofof the Month Month, Year

each person listed below:

Full Name-First Middle and Suffix Street Address CountyCountyCountyCountyCountyCounty

Full Name-First Middle and Suffix 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 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 . DayDayDayDayDayDay ofofofofofof the Month Month, Year

Full Name of Notary Public – TYPED or PRINTED Notary Public - SignatureSignatureSignatureSignatureSignature

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

FORM 2 (Revised 1/02/2019) This form was prepared by the Board of Parole Hearings pursuant to Penal Code Section 4852.18.

Exceptions & meaning →