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Chapter 3.5. Procedure for Restoration of Rights and Application for Pardon - California Penal Code Section 4852.01

4852.01.  (a) Any person convicted of a felony who has been released
from a state prison or other state penal institution or agency in
California, whether discharged on completion of the term for which he
or she was sentenced or released on parole prior to May 13, 1943,
who has not been incarcerated in a state prison or other state penal
institution or agency since his or her release, and who presents
satisfactory evidence of a three-year residence in this state
immediately prior to the filing of the petition for a certificate of
rehabilitation and pardon provided for by this chapter, may file the
petition pursuant to the provisions of this chapter.
   (b) Any person convicted of a felony who, on May 13, 1943, was
confined in a state prison or other institution or agency to which he
or she was committed and any person convicted of a felony after that
date who is committed to a state prison or other institution or
agency may file a petition for a certificate of rehabilitation and
pardon pursuant to the provisions of this chapter.
   (c) Any person convicted of a felony or any person who is
convicted of a misdemeanor violation of any sex offense specified in
Section 290, the accusatory pleading of which has been dismissed
pursuant to Section 1203.4, may file a petition for certificate of
rehabilitation and pardon pursuant to the provisions of this chapter
if the petitioner has not been incarcerated in any prison, jail,
detention facility, or other penal institution or agency since the
dismissal of the accusatory pleading and is not on probation for the
commission of any other felony, and the petitioner presents
satisfactory evidence of five years residence in this state prior to
the filing of the petition.
   (d) This chapter shall not apply to persons serving a mandatory
life parole, persons committed under death sentences, persons
convicted of a violation of Section 269, subdivision (c) of Section
286, Section 288, subdivision (c) of Section 288a, Section 288.5,
Section 288.7, or subdivision (j) of Section 289, or persons in
military service.
   (e) Notwithstanding any other law, the Governor has the right to
pardon a person convicted of a violation of Section 269, subdivision
(c) of Section 286, Section 288, subdivision (c) of Section 288a,
Section 288.5, Section 288.7, or subdivision (j) of Section 289, if
there are extraordinary circumstances.

Section: 4852.01  4852.03  4852.04  4852.05  4852.06  4852.07  4852.08  4852.09  4852.1  4852.11  4852.12  4852.13  4852.14  4852.15  4852.16  Next

Last modified: February 16, 2015