How to Get a Governor's Pardon in California
Determine your eligibility for a Certificate of Rehabilitation., Obtain an application packet for a Certificate of Rehabilitation., Complete the application., Sign the application., Submit the completed form to the court., Provide notice to the...
Step-by-Step Guide
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Step 1: Determine your eligibility for a Certificate of Rehabilitation.
A Certificate of Rehabilitation is an order that can be issued by a Superior Court judge.
The Certificate of Rehabilitation indicates that you have been rehabilitated from the crime you committed, and it serves as the first step toward obtaining a pardon.
If you are eligible for a Certificate of Rehabilitation, this is the preferred method for obtaining a pardon.
Eligibility for a Certificate of Rehabilitation requires the following:
You were convicted of a felony and served your sentence in California You have been released on parole or completed your sentence You have not been incarcerated since your release You have been a resident of California for a minimum of three years since your release (convictions for sex offenses under Penal Code §290 require a five year residence period). -
Step 2: Obtain an application packet for a Certificate of Rehabilitation.
Contact the clerk’s office at the Superior Court for the county where you reside to request an application packet.
You may either go to the clerk’s office in person, call and ask for one to be mailed, or ask if the forms are available online.
In San Diego county, for example, the application packet is available online and can be completed and submitted electronically., It is important that you provide all the information that is requested on the form.
An incomplete form will either delay the process or may not be considered.
To complete the application, you will need to provide the following information:your name county of residence your birthdate the case number of all your criminal cases information about your sentence (if convicted more than once, you need information about each conviction) date of your discharge or release (if convicted more than once, you need information about each conviction) , Your signature indicates that all the information provided in your application is true and that you believe you meet the eligibility requirements for a Certificate of Rehabilitation., When the form is complete, return the completed form to the clerk’s office for the court where you obtained it.
In addition to the forms that are required, you may also wish to submit with your application any of the following additional supporting information:
Character letters from people who know you Awards, personal achievements, and evidence of charity work An updated psychological evaluation if necessary in your case Pictures of family An autobiography Your criminal history from the Department of Justice , When you submit your application to the court, you are required to send a copy of the application to the district attorney’s office for each county where you were convicted.
If you have been convicted more than once in separate counties, then you need to notify each office., After your application is filed, the court will notify you of a date for a hearing.
When you receive this notice, it is your responsibility to notify the district attorney, in writing, of that hearing date as well.
You are not guaranteed a hearing on your application.
The materials from the governor's office are clear that there is no "right" to a pardon or any of the steps along the way.
If a hearing is deemed necessary, the court will notify you.
Similarly, there is no requirement for the court to grant a hearing within any time limit.
In some cases, the court will require some investigation prior to conducting a hearing, but other cases may not require as much work. , At the hearing, the court will question you about the details of your application, your conviction, and your life since your release.
Be prepared to discuss all of this.
Take with you to the hearing copies of any paperwork that demonstrates any volunteer work you have done, and civic involvement, and anything else that you believe will support your application. , You are entitled to have legal representation at the hearing, if you wish, but a lawyer is not required.
You need to present yourself as respectfully as possible and be prepared to answer any questions the judge may choose to ask about your history. , In many cases, the court will rule on your Certificate of Rehabilitation at the hearing.
If your application was contested or becomes complicated for any reason, the court may take the matter under advisement and issue a decision in writing at a later date. , If your Certificate of Rehabilitation is granted, that becomes an automatic application to the governor’s office for a pardon request.
You do not need to take any further steps.
The form is forwarded directly to the governor’s office for further review and consideration for a pardon.
After this point, there is nothing further for you to do.
The governor’s staff will review the paperwork and may conduct a further investigation.
There is no required timetable for a response, or even a requirement that the governor’s office respond at all.If your address changes while you are waiting for a response to your application, you should notify the governor’s office in writing. -
Step 3: Complete the application.
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Step 4: Sign the application.
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Step 5: Submit the completed form to the court.
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Step 6: Provide notice to the district attorney’s office.
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Step 7: Receive and provide notice of the hearing date.
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Step 8: Prepare for the hearing.
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Step 9: Attend the hearing.
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Step 10: Await the result.
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Step 11: Await a ruling on your application for pardon.
Detailed Guide
A Certificate of Rehabilitation is an order that can be issued by a Superior Court judge.
The Certificate of Rehabilitation indicates that you have been rehabilitated from the crime you committed, and it serves as the first step toward obtaining a pardon.
If you are eligible for a Certificate of Rehabilitation, this is the preferred method for obtaining a pardon.
Eligibility for a Certificate of Rehabilitation requires the following:
You were convicted of a felony and served your sentence in California You have been released on parole or completed your sentence You have not been incarcerated since your release You have been a resident of California for a minimum of three years since your release (convictions for sex offenses under Penal Code §290 require a five year residence period).
Contact the clerk’s office at the Superior Court for the county where you reside to request an application packet.
You may either go to the clerk’s office in person, call and ask for one to be mailed, or ask if the forms are available online.
In San Diego county, for example, the application packet is available online and can be completed and submitted electronically., It is important that you provide all the information that is requested on the form.
An incomplete form will either delay the process or may not be considered.
To complete the application, you will need to provide the following information:your name county of residence your birthdate the case number of all your criminal cases information about your sentence (if convicted more than once, you need information about each conviction) date of your discharge or release (if convicted more than once, you need information about each conviction) , Your signature indicates that all the information provided in your application is true and that you believe you meet the eligibility requirements for a Certificate of Rehabilitation., When the form is complete, return the completed form to the clerk’s office for the court where you obtained it.
In addition to the forms that are required, you may also wish to submit with your application any of the following additional supporting information:
Character letters from people who know you Awards, personal achievements, and evidence of charity work An updated psychological evaluation if necessary in your case Pictures of family An autobiography Your criminal history from the Department of Justice , When you submit your application to the court, you are required to send a copy of the application to the district attorney’s office for each county where you were convicted.
If you have been convicted more than once in separate counties, then you need to notify each office., After your application is filed, the court will notify you of a date for a hearing.
When you receive this notice, it is your responsibility to notify the district attorney, in writing, of that hearing date as well.
You are not guaranteed a hearing on your application.
The materials from the governor's office are clear that there is no "right" to a pardon or any of the steps along the way.
If a hearing is deemed necessary, the court will notify you.
Similarly, there is no requirement for the court to grant a hearing within any time limit.
In some cases, the court will require some investigation prior to conducting a hearing, but other cases may not require as much work. , At the hearing, the court will question you about the details of your application, your conviction, and your life since your release.
Be prepared to discuss all of this.
Take with you to the hearing copies of any paperwork that demonstrates any volunteer work you have done, and civic involvement, and anything else that you believe will support your application. , You are entitled to have legal representation at the hearing, if you wish, but a lawyer is not required.
You need to present yourself as respectfully as possible and be prepared to answer any questions the judge may choose to ask about your history. , In many cases, the court will rule on your Certificate of Rehabilitation at the hearing.
If your application was contested or becomes complicated for any reason, the court may take the matter under advisement and issue a decision in writing at a later date. , If your Certificate of Rehabilitation is granted, that becomes an automatic application to the governor’s office for a pardon request.
You do not need to take any further steps.
The form is forwarded directly to the governor’s office for further review and consideration for a pardon.
After this point, there is nothing further for you to do.
The governor’s staff will review the paperwork and may conduct a further investigation.
There is no required timetable for a response, or even a requirement that the governor’s office respond at all.If your address changes while you are waiting for a response to your application, you should notify the governor’s office in writing.
About the Author
Frances Anderson
Brings years of experience writing about practical skills and related subjects.
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