California Penal Code (PC) section 4852 (Certificate of Rehabilitation) provides an important remedy for people with felony records or who have been convicted of a sex offense that requires registration pursuant to Penal Code section 290.
This remedy serves many purposes. (1) It provides a statutory mechanism for courts to tell society that a person is rehabilitated and capable of making positive contributions to society. (2) It is the only judicial remedy for felons whose offense cannot be expunged pursuant to PC 1203.4; therefore, meeting its requirements of good behavior are incentive for convicts to continue their law abiding behavior. (3) It provides a way for onetime felons to demonstrate they have been rehabilitated and are worthy of receiving certain state licenses that would otherwise be off limits. (4) It relieves some sex offenders of the requirement to register.
All four of the purposes provide direct and indirect benefits to the applicant and society. There are several changes that can be made to increase these benefits.
1. Change the residency requirement.
2. Expand the jurisdiction to include people who reside in California, but whose offense was federal or committed in another state.
3. Remove the requirement of obtaining relief under PC 1203.4.
4. Require the DA to provide notice of the hearing to the victim
These benefits will be discussed in detail in upcoming posts on the RecordGone.com Blog.
By Mathew Higbee, Attorney at Law
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