Certificate of rehabilitation: Difference between revisions
No edit summary |
|||
| Line 8: | Line 8: | ||
*PC288a(c) | *PC288a(c) | ||
*PC288.5 | *PC288.5 | ||
*PC288.7 (Added by AB1438 (2014) | |||
*PC289(j) | *PC289(j) | ||
Two non-published decisions held that prohibiting CORs for PC288 was a violation of equal protection since it was available for PC288.7. The Legislature's response was to add PC288.7 to the prohibited list. ''People v. Tirey'' (2015) 242 Cal.App.4th 1255, held that the amendment was retroactive. | |||
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.) | 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.) | ||
Latest revision as of 02:28, 17 May 2017
A Certificate of Rehabilitation is 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
- PC288.7 (Added by AB1438 (2014)
- PC289(j)
Two non-published decisions held that prohibiting CORs for PC288 was a violation of equal protection since it was available for PC288.7. The Legislature's response was to add PC288.7 to the prohibited list. People v. Tirey (2015) 242 Cal.App.4th 1255, held that the amendment was retroactive.
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.)
Filling out a Certificate of Rehabilitation petition
Rap sheet
Under Penal Code section 11105, subdivision (b)(8), "A public defender or attorney of record when representing a person in proceedings upon a petition for a certificate of rehabilitation and pardon pursuant to Section 4852.08" can request a state summary criminal history information, in other words, a client's rap sheet.
When requesting the client's rap sheet, fill as much information as possible. However, not all of it is necessary to obtain the rap sheet.
Custody dates
A necessary portion of filling out a Certificate of Rehabilitation is figuring out when a person was released from custody on parole, or on probation.
California Department of Corrections
There are two contacts for prison release dates at CDC, the ID Locator, and Archives. From either, you will be asking for the client's "external movements" and the facilities at which the person was housed. The external movements is recorded on a form called a CDC112, and it possible to ask for a hardcopy of the CDC112. However, I personally find it easier to just get the dates over the phone and write it down. The external movements will be when the person was admitted to the facility, when the person was paroled, when the person was returned to custody for a violation of parole, and finally, when the person was discharged from parole. There can be many many many parole and return dates because of parole violations.
The first is the ID Locator unit at (916) 445-6713. They will need a name and date of birth to identify the former prisoner.
The second is the Archives unit at (916)358-1521. The Archives unit The Archives unit fax number is (916) 358-1554. I prefer contacting the archives unit, because they immediately pick up.