Who can get a Certificate of Rehabilitation?

You may be eligible to apply for a Certificate of Rehabilitation if you fall into one of the following two categories:[3156]

CATEGORY 1: Felony—You are Category 1 if the following are true:

    You were convicted of a felony;
    You served your sentence in a California state prison or county jail (or some other CDCR facility, such as a prison camp or hospital)[3157];
    You completed your sentence and were released from prison or you were released on parole;
    You have NOT been incarcerated in any California state prison (or other CDCR facility) since your release; AND
    You have lived in California for the last 5 years.

CATEGORY 2: 1203.4 Dismissals—You are in Category 2 if all of the following are true:

    You were convicted of a felony OR convicted of a misdemeanor sex offense;[3158]
    Your conviction was expunged under California Penal Code section 1203.4;
    You have NOT been incarcerated ANYWHERE (in ANY prison, jail, or correctional institution) since getting your conviction expunged;
    You are NOT on probation for any other felony; AND
    You have lived in California for the last 5 years.

You will also need to complete a waiting period BEFORE you can apply for a COR, which will be based on your conviction offense. To figure out how long you must wait before applying for a Certificate of Rehabilitation, see APPENDIX W, on PG. 1056.

  1. 3156

    Cal. Penal Code § 4852.01.

  2. 3157

    Cal. Penal Code § 4852.01(a).

  3. 3158

    Cal. Penal Code § 290.