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Certificate of Rehabilition
& Sex Crimes
Penal Code 4852
There are several ways that a California registered sex offender may have his or her duty to register as a sex offender terminated or modified, including:
Petition for Certificate of Rehabilitation and Termination of Sex Offender Registration Requirements (PC 4852)
Petition for Termination of the Duty to Register as a Sex Offender (PC 290.5) [Tier System for Sex Offender Registration]
Petition for Certificate of Rehabilitation and Termination of Sex Offender Registration (PC 4852)
California has created laws to assist convicted defendants restore certain rights and privileges that were lost after a criminal conviction. These laws include the right of a convicted defendant to petition the court for a certificate of rehabilitation.
A certificate of rehabilitation is a legal document that states the defendant is rehabilitated from her prior criminal behavior and she should be relieved of all state penalties, including the duty to register as a sex offender pursuant to PC 290.
Note: The granting of a certificate of rehabilitation is not available in every sex crimes case; however, for sex crimes convictions that are not eligible for a certificate of rehabilitation, the request for a California pardon is available. The granting of a pardon by the California governor will also allow a defendant to terminate her obligation to register as a sex offender in California.
A certificate of rehabilitation requires the registered sex offender to first have her criminal conviction expunged (PC 4852). Not all sex crimes are capable of being expunged, including the following sex crimes: PC 269 (Aggravated Sexual Assault of a Child); PC 286(c) (Sodomy by Force); PC 287(c) (Oral Copulation by Force); PC 288 (Lewd Act on a Child); PC 288.5 (Continuance Sexual Abuse of a Child); and more. For these sex crimes, the defendant will have to petition the Governor for a California pardon to have her required sex offender registration requirements terminated (If the Governor of California grants the pardon request).
Residency Requirements: An application for a certificate of rehabilitation may only be submitted by persons who meet residency requirements. In other words, the court will not consider a petition for certificate of rehabilitation unless the registered sex offender has lived within the state of California for certain minimum, lengths of time.
Restoration of Rights: A granted certificate of rehabilitation will restore all state rights to the petitioner. I will also relieve all state punishments related to the criminal conviction, including the duty to register as a sex offender. However, federal prohibition may still apply (i.e., military enlistment and immigration consequences that stemmed from the conviction are not reversed).
For more information on how to apply for a California certificate of rehabilitation, contact our sex crimes criminal defense lawyers today for a free consultation. Our dedicated team of criminal defense attorney have helped hundreds of clients charged with misdemeanor and felony sex crimes in San Bernardino, Riverside, and Los Angeles County. Call today!