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Certificate Of Rehabilitation And Pardon Instruction Packet (Criminal) - California
| Certificate Of Rehabilitation And Pardon Instruction Packet (Criminal) Form. This is a California form and can be used in Amador Local County . |
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SUPERIOR COURT OF CALIFORNIA COUNTY OF AMADOR CERTIFICATE OF REHABILITATION AND PARDON INSTRUCTION PACKET FORMS INCLUDED IN THIS PACKET General InformationCertificate of Rehabilitation ACSC form # CRIM200 General InformationPardon ACSC form # CRIM201 Instruction SheetCertificate of Rehabilitation & Pardon ACSC form #CRIM202 (four pages) Petition for Certificate of Rehabilitation & Pardon CA Dept. Corrections & Rehab. Form 1 Notice of filing of Petition for Certificate of Rehabilitation & Pardon CA Dept. Corrections & Rehab. Form 2 Certificate of Rehabilitation CA Dept. Corrections & Rehab. Form 3 05/12/2011_Certificate of Rehabilitation and Pardon Instruction Packet Face Sheet_CRIM199 American LegalNet, Inc. www.FormsWorkFlow.com Certificates of Rehabilitation in Amador County Filing Instructions 1. You must be a resident of Amador County to file a certificate of rehabilitation in Amador County. However, the offense may have occurred in any county in California. Complete the Notice of Filing for Certificate of Rehabilitation. Leave the date, time, and department blank. Make five copies of the Notice of Filing for Certificate of Rehabilitation. Complete the Petition for Certificate of Rehabilitation. Make one copy of the Petition for Certificate of Rehabilitation and Pardon. File both forms with the court. The clerk will not charge you any money for filing the petition. (Pen. Code, ยง 4852.09.) Ask the clerk to set the date, time, and department for the hearing. There is space for the court to fill this information in on the Notice of Petition for Certificate of Rehabilitation. Make sure the clerk leaves enough days for you to serve the documents on the people designated below at least 30 days before the hearing. Add 5 extra days if service is by mail. Ask the clerk to file-stamp your copies of the Petition for Certificate of Rehabilitation and the Notice of Filing for Certificate of Rehabilitation. 2. 3. 4. 5. 6. 7. You will need to present proof of service to the court. At least 30 days prior to the hearing (35 days if sent by mail), serve the copies of the Notice of Filing for Certificate of Rehabilitation and Pardon on: The district attorney in the Jerry Brown Todd Riebe California county in which Governor District Attorney you were convicted if State Capitol Building 708 Court Street different than Amador. Sacramento, CA 95814 Jackson, CA 95642 8. File with the court the proof of service for the Notice of Filing for Certificate of Rehabilitation. The proof of service that you file should be stapled to the Notice of Filing for Certificate of Rehabilitation. You will then hear from the District Attorney's Office, which will request information from you. Answer their questions. Attend the hearing. 9. 10. 05/12/2011_GENERAL INFORMATION-CERTIFICATE OF REHABILITATION_CRIM200 American LegalNet, Inc. www.FormsWorkFlow.com How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary behavior following conviction for a felony. A pardon will not be granted unless it has been earned. Obtaining a pardon is a distinct achievement based upon proof of a useful, productive, and law-abiding life following conviction. The Governor has complete discretion in deciding whether to grant a pardon. A pardon is a privilege--not a right--and not granted to every person who applies. Absent extraordinary and compelling circumstances, an application will not be considered unless the applicant has been discharged from probation or parole for at least 10 years without further criminal activity during that period. The 10-year rule may be waived in truly exceptional circumstances (for example, factual innocence), if the applicant can demonstrate such circumstances warranting a specific need for the pardon. Pardons Applications may be accepted from any person who has been convicted in California of a felony or certain specified misdemeanor sex offenses. In most cases, the first step in applying is to obtain a Certificate of Rehabilitation from the superior court in the county where the applicant currently resides. All other cases are by way of a direct or "traditional pardon" application. The procedure utilized will depend on the circumstances of each applicant, as explained below. Once an application is filed under either procedure, the case is referred to the Board of Prison Terms (Board) for investigation. The Board may contact the district attorney, investigating law enforcement agency, and other persons with relevant information on the applicant. No fee is charged for applying for a pardon. Effect of a Pardon A pardon does not seal the individual's criminal record, and the pardon is itself a public record. When a pardon is granted, the California Department of Justice and the Federal Bureau of Investigation are notified so that they may update their records on the applicant. The pardon is filed with the Secretary of State, reported to the Legislature, and is a public record. 05/12/2011_GENERAL INFORMATION-PARDON_CRIM201 American LegalNet, Inc. www.FormsWorkFlow.com Restoration of Rights The most frequent reasons for requesting a pardon are for personal satisfaction and for licensing, bonding, or other employment purposes. A pardon does not seal or expunge the record of the conviction. (Penal Code sec. 4852.17.) If the person is subsequently convicted of a new offense, the prior conviction may be considered even after a pardon has been granted. A person who has been pardoned cannot say that he or she has no record of arrests or convictions. The person can, however, say that he or she has been convicted and pardoned. A pardon is not necessary to vote. An individual convicted of a felony becomes eligible to vote in California after successful discharge from probation or parole. (California Constitution, art. II, sec. 4.) A person who receives a pardon may serve on a jury. (Code of Civil Procedure sec. 203(a)(5) and Penal Code sec. 4852.17.) A person convicted of a felony who receives a full and unconditional pardon may be employed as a state parole officer or as a county probation officer but cannot otherwise be employed as a peace officer. (Gov. Code sec. 1029.) A person convicted of a felony cannot own or possess firearms. (Penal Code sec. 12021.) If the individual receives a full and unconditional pardon, he or she may own or possess any type of weapon th
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