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    Know and Protect Your Rights in a Criminal Defense Matter

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      Know and Protect Your Rights in a Criminal Defense Matter

          San Leandro Certificates of Rehabilitation

          The mark a criminal conviction can leave on your record may continue to negatively affect your future long after you have served your time. However, if you were convicted of an eligible crime, there are various forms of post-conviction relief that may be available to you.

          A San Leandro certificate of rehabilitation may be able to assist you professionally, financially, and personally, but the procedures associated with applying for one can be complex. A seasoned post-conviction relief attorney could help you assess your eligibility and guide you through each step of the application process.

          How Might a Certificate of Rehabilitation Help?

          Although certificates of rehabilitation cannot entirely erase a criminal conviction or record, they could indicate that a previously-convicted person has become a law-abiding one. Specifically, these certificates are court orders stating that individuals have moved on with their lives after a criminal act and become productive members of society. The court will issue an actual certificate acknowledging the rehabilitation and further recommending a pardon to the governor.

          These certificates are treated as an automatic application for a governor’s pardon and are sometimes the only means for many people to obtain such a pardon. Furthermore, in very limited circumstances, certificates of rehabilitation may relieve individuals of the duty to register as a sex offender under Penal Code section 290.

          Requirements for Certificates in San Leandro

          Under California Penal Code §4852.01, if individuals were convicted of a felony—or of a misdemeanor sex offense as specified in CPC §290—and have had their conviction expunged, pursuant to CPC §1203.4, a judge might issue a certificate of rehabilitation. Generally, the requirements to file a petition for a certificate of rehabilitation and pardon are as follows:

          • The filing party has not been incarcerated since an expungement was granted
          • He or she is not currently on probation for any other felony conviction
          • He or she can present proof of residence in the state of California for five years prior to filing the petition
          • He or she has been rehabilitated for a certain number of years following his or her release from incarceration, probation, or parole, in addition to the five years’ residency requirement—depending on the nature of the offense

          Judges have the right to waive the minimum period of rehabilitation if doing so would serve the interests of the public. A dedicated attorney could help to explain the nuances of rehabilitation law to a person seeking a certificate of rehabilitation in San Leandro.

          Evidence in Support of Certificates of Rehabilitation

          Whether to grant a petition for a certificate of rehabilitation is generally up to the hearing judge. During such a hearing, the judge will often consider a number of factors in determining eligibility, including the individual’s criminal history, the facts surrounding the crime, and the severity of the act. Sometimes, letters of recommendation from doctors, employers, counselors, teachers, co-workers, and loved ones may be considered, as well as a convicted person’s work and education history.

          How an Attorney Might Help with Certificates of Rehabilitation in San Leandro

          If you were convicted of a crime, you might feel as though your future is bleak. However, once you have served your time, a San Leandro certificate of rehabilitation might prove to be an invaluable asset in furthering your career, improving your job prospects, and increasing your earning capacity.

          With the help of an experienced lawyer, you could assess your circumstances and consider the various forms of post-conviction relief that may be available to you. To learn more about the specifics and benefits of these certificates, call today.

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