Dublin Certificates of Rehabilitation
A felony conviction can have a devastating impact on your life. The economic, social, and emotional toll of that conviction can leave a permanent mark on you and your family, especially in situations that require you to serve time in prison.
While California law does not allow convicted felons to completely erase their past conviction, it does allow individuals to seek out a state-issued confirmation of their rehabilitation. Known as certificates of rehabilitation, these documents can serve as evidence of your willingness to live within the law and your commitment to a new way of life.
If you were convicted of a serious crime in Dublin, certificates of rehabilitation may be available to help you start over after you serve your sentence. A dedicated criminal lawyer could work with you to gather the necessary documentation, file it with the court, and advocate on your behalf in and out of court.
When an Application for a Certificate of Rehabilitation is Appropriate
In California, only convicted felons are eligible to apply for a certificate of rehabilitation in Dublin. Even within this group, though, applicants must meet very specific requirements. For example, people convicted of sexual assault upon children or other sex-related acts involving children are never eligible for this relief.
Under, California Penal Code §4852.03 the period of rehabilitation begins once the petitioner has been released from custody or upon his or her release on parole, PRCS, or probation, whichever is sooner. The applicant must have been out of prison for at least five years and an additional waiting period of two to five years applies depending upon the charge. (i.e. 5 years for crimes requiring sex offender registration, 4 years for murder, and 2 years for most other crimes). During this rehabilitation period, the petitioner must live in California and live an honest and upright life, conduct himself or herself with sobriety and industry, exhibit a good moral character, and remain crime free.
The Application and Hearing Process
The certificate of rehabilitation process in Dublin begins with the applicant filing the appropriate forms in their county of residence. This is in contrast to most other forms of post-conviction relief that requires filing the petition in the court that heard the original case. In the petition, the applicant must provide details concerning their felony conviction, the sentence served, and their current living situation. They will also want to include their points and authorities, declarations, evaluations, and information about their rehabilitation.
The court schedules a hearing once it receives the application. This hearing will address how the petitioner has changed their way of life, what they are doing to earn a living, and how they have prevented any relapse into criminal behavior. An attorney can help individuals draft the motion, gather appropriate documents and present it persuasively in court.
If this motion is successful, it would not result in a completely deleted criminal record. However, the certificate may be presented to potential employers, housing agencies, and loan officers as proof that a person’s past has been put behind them. In addition, the receipt of a certificate of rehabilitation may terminate a defendant’s requirement to register as a sex offender in certain situations.
Obtaining a Dublin Certificate of Rehabilitation
Any conviction for a felony-level crime is a life-changing event. Unfortunately, even after you serve your time, the mark of being labeled as a felon can affect every aspect of your life. While a certificate of rehabilitation cannot remove this mark completely, it could serve as official notice that you have moved on in their life.
A criminal attorney could help you evaluate if you qualify for a Dublin certificate of rehabilitation. They could then help you gather the necessary information and submit it to court, and later attend the hearing to argue on your behalf. Call today to begin the process of getting a fresh start on life.