The first comment below is a very detailed description of the Road to a Certificate of Rehabilitation. We believe it deserves its own post. Thanks to the poster for taking the time to share.
Although this unfortunately is not an option for many (PC 290.5), hopefully it will help someone.
> Hopeful
Nobody was interviewed, as far as I know.
Mugshots.com and Sorarchives.com were both paid to remove my profile.
Hello, I actually attempted to obtain a COR. My initial legal issue occurred in LA, but I now reside in OC. I was literally shocked by the conduct of OC. The investigators interviewed all of my neighbors/they all had wonderful things to say about me, but this was never mentioned. Then, they knocked on my door at like 7pm at night. THey where rude, obnoxious and I later found out they had recorded my conversation without my consent? THese guys where dirty. I was initially charged with multiple crimes, but all charges where dismissed~ summary probation. In summary, the DA was rude, obnoxious, didnt fight fair, screamed and the letters submitted to the court by the alleged victim didn’t coincide with the police reports? THE DA probably had the person write the most obnoxious or rudest thing they could write. After my experience in OC, I will never trust anyone in law enforcement. I would be afraid to get arrested in OC. THE DA’s office is crooked~
This is definitely a tough one. I was convicted in 2001 from a 220 and 243.4a. Not with a minor. I filed for a COR in 2013 which was the 10 year rule. I knew I would have difficult time because I got a DUI in 2009 in OC. I didn’t pay a high prices lawyer to file but paid $200.00 flat fee for a paralegal who does these in LA county all the time. It took about 6 months but I got a court date. To my surprise the judge was very nice and wanted me to come back in 1 year due to the DUI not being 5 years yet. I went back, and the DA was a really nice guy, but funny that the public defender came up to me and asked if I needed help. Not knowing who she was or she didn’t introduce herself, I kindly said no thank you. That made her mad! So the judge didn’t seem to remember who I was, and wanted to take a recess to read the transcripts and then asked me if I have questions, to ask the public defender. I went to her, the public defender and said I had a question for her, she looked at me and said, “I’m not talking to you, you had your chance!” I walked away and said nothing but was laughing in my head because the DA seemed to be on my side and the public defender was against me. Hmm, how ironic is that. Anyway, long story short, the judge asked me again to come back in 2 weeks so she can read a letter about how it won’t happen again which wasn’t in the file but luckily I had a copy for her but time was running out. So I have my meeting again this Monday so I have my fingers crossed and it seems like things will be good. I also know that you have to file in the county you live in, but after you attend court the first time, there was nothing stating you have to continue living in that county if your job depends on where you live. Any feedback on this? I will let you know what happens after Monday. Anyone like that guy who was negative shouldn’t be on here anyway. I’m trying to live a good life. Isn’t that what prison is for? To rahabilitate yourself? FYI, don’t spend more than a couple hundred bucks to file these papers. It’s pretty cut and dry and yes it’s up to discretion of the judge.
So to continue from my previous comment, I not only got my COR granted, the judge also said I am no longer required to register, although that was a concern since 290.5 new law changed that my case was not eligible for that. But I am really happy that she ordered that. Now it’s just a waiting game for pardon and doj to remove me from Megan’s law. I wish the best to anyone trying to pursue this. Don’t give up. It may be a long road but it’s worth it. FYI, you don’t need an attorney for this.
Yes it was LA county. Well the people who filed it for me, which the courts spoke highly of http://www.criminalhistorycleaners.com do these all the time and after you get the COR he will send it in to the department at DOJ he sends to all the time to get it done in a couple weeks. Yeah the pardon only allows me to be on the jury which I never will anyway. If I get it, even better for self assurance, but the registering is bigger than a pardon. Thanks and good luck
Thank you. I sent them a note and haven’t got a response, but I am probably not eligible for any relieve under the present laws.
I’m an attorney located in Orange County who represents registered sex offenders. I recently obtained a certificate of rehabilitation in Riverside County Superior Court for one of my clients. (The other client on calendar that day was 6 months shy of the 10 year “rehabilitation period” so the judge told him to come back in December when he’s eligible, presumably to get his.). Getting a COR is difficult but not impossible. You may not even have to do a 1203.4 expungement application. Under the statute, my client wasn’t eligible for an expungement but he ended up getting the COR anyway. These are “unchartered waters” we’re sailing in right now; many judges are unfamiliar with Tirey and some (but not enough!) are fed up with the witch hunts and scarlet letters and are wiling to use their discretion to do the right thing.
It helps a LOT if you’ve not been violated and have had no problems with the law since the underlying 290 conviction(s). The DA (and judge, if he or she is a former DA) will hang their hat on that last section and argue that there’s no guarantee that petitioner won’t start recidivating “out of the blue.” Check your particular county District Attorney’s 290 web page for any county-specific requirements when petitioning for a COR. Character reference letters are certainly important and you should get at least four, if possible, but take heed of what a judge on the bench in Orange County CJC once told me: “Counsel, I don’t want letters that say your client has “‘changed.’ They all say that. I WANT FACTS; FACTS, FACTS, FACTS that SHOW the defendant has changed!”
Michael A. Padgett
This is VERY Interesting and what has held me back…I’m very curious…
“Getting a COR is difficult but not impossible. You may not even have to do a 1203.4 expungement application. Under the statute, my client wasn’t eligible for an expungement but he ended up getting the COR anyway.”
Update: I just received a letter from DOJ and I am finally clear! Working on private sites now. Very important reminder if you get a COR, make sure you request the judge order your registration to be terminated.. If not, they will NOT clear you….
Ok, question if I own a dog and put up a beware of dog sign an a person jumps my fence and gets bit by the dog occording to the law I am liable because it say’s I knew my dog bites , well what about Megan’s Law the Government puts peoples addresses and names out there and people started looking S.O. up and murdered them, now the Government knows about that people look up S.O.’s on Megan’s Law and murder’s them that makes the government acsseserie to the fact murder it makes them just as guilty as if they were standing there with the person who murdered them yet they can get away with murder, WOW What happened to protecting the American people? Oh wait just certain people.
Does anyone know if a COR has ever been granted to someone with two separate conviction? I was railroaded on a second case, but I know the courts don’t see it this way.
Thanks Michale… My charge was a 220 and 243.4(a) not with a minor. Conviction was in 2001, and a DUI in 2009. Local police confirmed I am clear!!
My husband was granted a COR on November 20, 2014. On January 19, 2015 our attorney sent the COR to the DOJ. Yesterday my husband took the COR to local law enforcement to notify them he no longer needs to register. However, he was told he needs something in writing that specifically states he no longer needs to register. My question, does the DOJ send letters to law enforcement notifying them when a registrant no longer needs to register? My husband is very frustrated and feels like the whole COR process was useless unless law enforcement acknowledges he no longer needs to register. I’m not sure how local law enforcement is notified when a registrant is removed from the registry. Any help would be appreciated. Thank you.
When I wanted to get a COR I recruited the Public defenders office in Sacramento and they help me through the process. It took about 6 months and was finished in September of 2005. They filed the paper work, set up the mental evaluation and talked to the DA and the judge in the back room. The most important two pieces is the talk in the back room with the DA acceptance.
There is a recent decision in the 4th Appellate District, People v. Tirey 225 Cal.App.4th 1150, that states it is a violation of equal protection to disqualify someone convicted of P.C. 288(a) from applying for a COR. The CA Supreme Court has granted review so the issue has not been settled yet, but it offers hope for thousands.
The majority of my practice involves post-conviction relief, especially Certificates of Rehabilitation. In considering whether to apply for a Certificate of Rehabilitation, you will want to know the answers to the following questions: (1) Do I qualify for Certificate of Rehabilitation? (PC 4852.01 & PC 1203.4) (2) When can I apply for one? (PC 4852.03) (3) Will it achieve my desired result? (PC 290.5) The answers can be simple or complex, but getting an idea of where you stand is a good start. Once that is accomplished, you may want to consult with an attorney regarding the specifics of your case.
Chance X. Oberstein
Attorney & Vice-President of CA RSOL
Chance;
Do you personally know of any post-conviction specialists in the Central Valley, Fresno area?
I’ll be filing a COR soon, my ducks are in a row. Thank you.
I see many comments about so many people are confused about what to do. I will offer FREE advice to clear up any confusion. You can call me from 9-12 mon-friday only at 714-767-5626. It worked for me
After reading through so many posts and also getting mixed information throughout the internet, I’m confused what convictions are exempt from qualifying for a Cert of Rehab?
I’m looking to apply but not sure where to start and what info I should count on.
For everyone who’s successfully been granted a C.O.R., would you mind posting the county for which you received it in? A list could be beneficial for any of us who are planning on obtaining our own. I suppose a list of counties who’ve denied it might also be beneficial. Thanks.
With the recent changes in California law, is obtaining a COR even feasible anymore? Talked to attorneys and the going price is around $5000, but why even try if the courts are bound by law to not grant one? Do I understand correctly any 288 is not eligible, even those with an attempted 288 (yes, the typical internet sting) are not eligible to have one granted? Last thing I want to hear is for the judge to say “oh gee, I’d like to grant this, you’re a good person, you’ve done right, but the law won’t allow me to grant your COR.
Any insight on this before I drop my hard earned cash down…
To everyone and anyone trying to obtain a COR, it is possible. I have just obtained my COR just yesterday, my process was lengthy but it paid off. First of all it had been 22 years since my crimes. I had 2 seperate felonies. One felony was for 2nd degree burglary and the other was for assault with a deadly weapon ( shooting at an occupied dwelling ). Still my COR was granted, however I have had very minimal police contact since 1993 when I was sentenced so that was a huge help. The process is simple, you pick up the application packet from the court. You will also need to get 4 letters of character from people that are not related to you. Once the application gets filed you wait for your court date, mine was about 9 months out. Also I did not pay a single penny for my representation, yes that is real. Here’s how, if your crime was in Los Angeles county there is a public defender office there that will file and handle everything for you free of charge. They specialize solely on doing these COR’s and have a really high success rate of also getting the pardon from the governor. The guy to talk to is John Garbin he is know as ” the pardon guy “. If anyone needs help he’s the one to turn to. Don’t give up there is hope, if you have just one bit of hope you can and will succeed, you don’t need money to change your past just the right information can change it. Here is a link to an article on this PD http://www.latimes.com/local/countygovernment/la-me-pardon-guy-20140622-story.html if anyone needs anymore info or have questions you can contact me, good luck to everyone. Life is harder when you don’t try !
I have an interesting situation for which I can find no information at all. Over 15 years ago I was convicted of a 261.5. I was 19 at the time. I was given a suspended sentence and placed on probation for 3 years. Upon completion of the probation it would be dropped to a misdemeanor and subsequently removed from my record. I was on probation for one year in which time my “victim” contacted me. I turned the contact in to the probation officer who at the time violated me for the contact even though I did not initiate it. The “victim” would provide letters she claimed I had written to her following my revocation of probation. They were fake letter she had created because she was upset that I had told her to never call me again. That said, the court would not reinstate my probation and I was sentenced to 2 years in CDC. I spent one year in a california prison and was released on parole. I completed my parole all three years with no incident of any kind. For the last 15 years I have had no contact with the police of any kind barring a speeding ticket. I DO NOT have to register as a SO however, and I have never had to my case did not require me to. Do I qualify to apply for a COR? I am currently the owner of a large app development corporation here in California. I have another photography business and have recorded and produced over 200 commercial records in the last 15 years. Do you think that will be enough to qualify for one if I can actually apply. Thanks in advance for your input. And congratulation to those who have gone before with success it is inspiring to know there is hope.
I’m looking to get attorney that can help my brother obtaining a COR. He was caught on one those Internet stings before many people had known about those things at the time in’98. Although he had probation revoked unfairly due to a spiteful PO.Other than that he remained clean every since. Lately my family is trying to clear name due to fact it has difficult for him find employment.
An attorney I just spoke to says all citizens subject to 290 no longer have an option of getting off registration with a Certificate of Rehabilitation. Only option now is a governor’s pardon, he says. Is this right? Did the legislature change the law in 2014?