Pardon from the Governor
The California Constitution gives the Governor the right to pardon someone convicted of a crime in California. A pardon can restore some, but not all, rights lost due to a conviction. It does not erase or seal a record. California Constitution, Article 5, §8.
Pardons are very rare and given out in exceptional circumstances.
Pardons
Someone convicted of a crime in a California state court can apply to the Governor for a pardon. There is no right to a pardon. The Governor can't pardon convictions from other state or federal courts. If you have more than one felony conviction, the Governor can't grant a pardon without the approval of the California Supreme Court.
Governors are not required to consider a pardon. The Governor's Office has more information about what they consider or look for in an application.
Pardons involving sex crimes are extraordinarily rare. For many sex offenses, there must be "extraordinary circumstances". Penal Code section 4852.01(d).
It is up to the Governor whether to consider a request for a pardon. The Governor's Office has more information about its investigation and review process.
Find out more about PC 290 registration and California's tiered registration.
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what a pardon can do
- Allow someone convicted of a felony to serve on a jury
- In limited cases, restore gun rights (with federal approval) if the conviction didn't involve the use of a dangerous weapon
- In limited cases, relieve a sex offender of their registration requirement but only if they are found factually innocent of the offense
- Allow someone convicted of a felony to be considered for a probation officer or parole agent position (but not other law enforcement roles)
- Help your chance of getting a professional license from a state board
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what a pardon can't do
- Erase a conviction or seal a criminal record
- Allow you to say you don't have a criminal record (though this may be possible if your case was dismissed/expunged first)
- Prevent the conviction from being used as a prior if you're convicted later of a different crime
- Restore gun rights for convictions involving the use of dangerous weapons
- May help, but can't necessarily stop deportation (this is a complex area of law, talk to an immigration lawyer)
How to apply for a pardon
There are two ways to apply for a pardon in California: a Certificate of Rehabilitation and a Direct Pardon
By Certificate of Rehabilitation
If you live in California, you may be able to apply for a Certificate of Rehabilitation in the county where you live or were convicted. Check if you qualify.
If the judge grants your request for a Certificate of Rehabilitation, it gets sent to the Governor's Office. This is considered an application for a pardon. The certificate also gets sent to the Board of Parole Hearings and the California Supreme Court. You don't need to do anything else unless the Governor's Office contacts you.
How to ask for a Certificate of Rehabilitation
Directly to the Governor
If you don't qualify for a Certificate of Rehabilitation or don't have one, you can apply to the Governor directly for a pardon. You will also need to give the District Attorney notice of your application. You do not need a lawyer to apply for a pardon.
The Governor's Office may then refer the application to the Board of Parole Hearings, which does an investigation and sends its recommendation to the Governor. You don't need to do anything else unless the Governor's Office contacts you.