Certificate of rehabilitation: Difference between revisions
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However, People v. Tirey ruled that the prohibition on PC288 from seeking certificates of rehabilitation violates equal protection since people convicted of PC288.7, a more serious offense, can seek certificates of rehabilitation. | However, People v. Tirey ruled that the prohibition on PC288 from seeking certificates of rehabilitation violates equal protection since people convicted of PC288.7, a more serious offense, can seek certificates of rehabilitation. | ||
An offenses reduced from a felony to a misdemeanor under PC17(b) is no longer a felony and not eligible for a Certificate of Rehabilitation. (''People v. Moreno'' (2014) 231 Cal.App.4th 934.) | |||
Revision as of 02:12, 14 May 2016
A Certificate of Rehabilitationis a form of post-conviction relief.
Ineligible offenses
- Misdemeanor convictions (Sex offense misdemeanants are eligible if they get a PC1203.4 dismissal first)
- PC286(c)
- PC288
- PC288a(c)
- PC288.5
- PC289(j)
However, People v. Tirey ruled that the prohibition on PC288 from seeking certificates of rehabilitation violates equal protection since people convicted of PC288.7, a more serious offense, can seek certificates of rehabilitation.
An offenses reduced from a felony to a misdemeanor under PC17(b) is no longer a felony and not eligible for a Certificate of Rehabilitation. (People v. Moreno (2014) 231 Cal.App.4th 934.)