I’ve had a new conviction since my original offense? Can I still apply for a Certificate of Rehabilitation for the original offense?

You are allowed to apply for a COR if you have a new conviction during your period of rehabilitation, BUT the judge will likely use the new conviction as a reason to deny your COR, and can require you to complete a new period of rehabilitation (see APPENDIX W, on PG. 1056) starting from the date your COR is denied (not from the time of the offense that led to the denial).[3166] In addition, even if you get the new conviction expunged, the judge can still consider the conduct that led to the conviction when deciding whether to grant your COR.[3167]

The judge has discretion to consider every interaction with the law when determining whether to grant a COR.[3168]Evidence presented at a COR hearing includes records from parole and probation, which would include any violations of your conditions, as well as “written reports or records of any other law enforcement agency” about you.[3169]

  1. 3166

    Cal. Penal Code § 4852.11; People v. Failla, 140 Cal. App. 4th 1514, (App. 4 Dist. 2006) (review denied).

  2. 3167

    People v. Zeigler, 211 Cal. App. 4th 638 (2012).

  3. 3168

    Cal. Penal Code § 4852.1.

  4. 3169

    People v. Zeigler, 211 Cal. App. 4th 638 (2012). In People v. Zeigler the court held that even though someone completed a Proposition 36 alternative sentence that released him “from all penalties and disabilities”, the court was still allowed to consider the underlying conduct that led to the arrest when denying a certificate of rehabilitation