El Dorado — Petition for Certificate of Rehabilitation and Pardon

Source: https://www.eldorado.courts.ca.gov/system/files/petition-certificate-rehabilitation-and-pardon.pdf

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.