14Oct

Waiting Periods Shortened for Many Who Wish to Apply for a California Certificate of Rehabilitation

Governor Jerry Brown has signed a bill into law that will reduce the waiting period for those looking to receive a Certificate of Rehabilitation. The law is great news for many former offenders who hope to receive a Certificate, which will make it easier for them to fully reintegrate into society.

Senate Bill 530, authored by Democratic Senator Roderick Wright, eliminates the seven-year waiting period that previously had to be met before former offenders can apply to for a Certificate of Rehabilitation. The bill, through the addition of Section 4852.22 to the Penal Code, gives a judge the discretion to grant the Certificate of Rehabilitation before the applicable period of rehabilitation has elapsed if the judge believes that it will serve the interests of justice.

A Certificate is a form of post-conviction relief that restores some rights that are lost as a result of a conviction. While a Certificate does not erase the conviction, it does add a positive note to the record and increases a rehabilitated offender’s chances of being issued a professional or occupational license. A Certificate also may relieve certain offenders of their duty to register as a sex offender under Penal Code section 290; however, SB 530 does not change the waiting period for those whose conviction requires them to register as a sex offender.

A Certificate of Rehabilitation is different than an expungement. The certificate puts something positive on a person’s record; an expungement removes something negative from the record.

SB 530 WELCOME NEWS FOR FORMER OFFENDERS

With the passage of SB 530, California law now allows rehabilitated individuals the opportunity to apply for a Certificate of Rehabilitation and have their case heard by a judge. Previously former offenders were unable to even apply until the statutory minimum period of rehabilitation had passed, regardless of the circumstances and evidence of rehabilitation present. This law is a great step towards remedying some of the problems former offenders face when trying to find employment and reintegrate into society.