Waiver Of Defendants Physical And-Or Remote Presence {CRM-010}

PKT-016 (Rev. 5/19) SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET FORMS INCLUDED IN THIS PACKET General Information 226 Certificate of Rehabilitation SDSC Form # CRM - 208 General Information - Pardo n SDSC Form #CRM - 20 9 Instruction Sheet 226 Certificate of Rehab ilitation & Pardon SDSC Form # CRM - 210 223How to Apply for a Pardon224 State of CA, Office of the Governor Info rmation Sheet from www.cdcr.ca.gov Petition for Certificate of Rehab ilitation & Pardon C A D ept. C orrections & R ehab. Form 1 Notice of Filing of Petition for Cer tificate of Rehab ilitation & Pardon CA Dept. Corrections & Rehab. Form 2 American LegalNet, Inc. www.FormsWorkFlow.com SDSC CRM-208 (Rev. 5/19) GENERAL INFORMATION 226 PETITIONS FOR CERTIFICATE OF REHABILITATION Pen. Code 247 4852.01 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE, 1100 UNION ST., SAN DIEGO, CA 92101 EAST COU NTY DIVISION, 250 E. MAIN ST. EL CAJON, CA 92020 NORTH COUNT Y DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 GENERAL INFORMATION 226 PETITIONS FOR CERTIFICATE OF REHABILITATION The granting of a Certificate of Rehabilitation restor es to the applicant some of the rights of citizenship which were forfeited as a result of a conviction. Defendants convicted of a felony, or a misdemeanor sex offense specified in Pen. Code 247 290, and who were granted probation, must obtain relief pursuant to Pen. Code 247 1203.4 before a Certificate of Rehabilitation may be granted. Purpose Does Relieve specified sex offenders of further duty to register (Pen. Code 247 290.5 (a)). Enhance a person222s potential for becoming licensed by state boards (Pen. Code 247 4853). Serve as an official document to demonstrate a person222s rehabilitation, which could enhance employment possibilities. Serve as an automatic recommendation and application to the Governor for a pardon. Does not Erase the felony conviction or seal the criminal record (Pen. Code 247 4852.17). Prevent the offense from being considered as a prior conviction if the person is later convicted of a new offense. Allow a person to answer on employment applications that he/she has no record of conviction. Restore the right to vote (this right is automatically restored after the person is no longer imprisoned or on parole). Eligibility Criteria A person is eligible to apply for a Certificate of Rehabilitation if he/she: Has been convicted of a fel ony and served a sentence in a California prison or other state penal institution or agency; Was discharged on completion of the sentence or released on parole prior to May 13, 1943; Has not been incarcerated in a state prison or other state penal institut ion or agency since being released; and Presents satisfactory evidence of three years222 residence in California immediately prior to the filing of the petition. OR Was convicted of a felony or a misdemeanor sex offense specified in Pen. Code 247 290, the accusatory pleading of which was dismissed pursuant to Pen. Code 247 1203.4; Has not been incarcerated in any penal institution or agency since the dismissal of the accusatory pleading; Is not on probation for the commission of any other felony; and Presents satisfactory evidence of five years222 residence in California immediately prior to the filing of the petition. OR Was convicted of a felony and, on May 13, 1943, was confined in a state prison or other institution or agency to which he/she was committed, or was convicted of a felony after May 13, 1943 and committed to a state prison or other institution or agency. Ineligibility Criteria Persons who are ineligible to apply for a Certificate of Rehabilitation include those who do not meet the above eligibility criteria and those who were/are: Convicted only of misdemeanors (except those convicted of a misdemeanor sex offense specified in Pen. Code 247 290, which was dismissed pursuant to Pen. Code 247 1203.4). Convicted of Pen. Code 247247 286(c), 288, 287(c) or former 288a, 288.5, or 289(j). Serving mandatory life parole. Committed to prison under a death sentence. In the military service. How to apply A Certificate of Rehabilitation and Pardon Instruction Packet (SDSC Form #PKT - 016) may be obtaine d from this court and may be found at www.sdcourt.ca.gov . American LegalNet, Inc. www.FormsWorkFlow.com SDSC CRM-209 (Rev. 5/19) GENERAL INFORMATION FOR AN APPLICATION FOR A PARDON Pen. Code 247247 4800, 4853 (PEN. CODE 247247 4800 et seq, 4853) SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE , 1100 UNION ST., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COUN TY DIVISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 GENERAL INFORMATION FOR AN APPLICATION FOR A PARDON (PEN. CODE 247247 4800 et seq, 4853) Any person who has been convicted of a criminal offense in California may apply directly to the Governor for a pardon. The granting of a pardon restores to the applicant some of the rights of citizenship which were forfeited as a result of the conviction. The granting of a Certificate of R ehabilitation pursuant to Pen. Code 247 4852.01 automatically serves as a recommendation and application to the Governor for a pardon. Purpose Does Allow an ex - felon to serve on a jury. (Code Civ. Proc. 247 203(a)(5)) Allow restoration of firearm right, with federal approval, to specified offenders if granted a full and unconditional pardon, unless the conviction was for a felony involving the use of a dangerous weapon. (Pen. Code 247 4854) Allow certain ex-felons to be considered for appointment as a coun ty probation officer or state parole agent, but not to any other peace officer positions. (Gov. Code 247 1029) Allow specified sex offenders still required to register after obtaining a Certificate of Rehabilitation to be relieved of the duty to register. (Pen. Code 247 290.5(b)(1)) Does not Seal or erase the record of conviction. (Pen. Code 247 4852.17) Prevent the pardoned offense from being considered as a prior conviction if the person is later convicted of a new offense. Allow a pardoned person to answ er on employment applications that he/she has no record of conviction. Restore ability to own a firearm to ex- felons convicted of any offense involving the use of a dangerous weapon. (Pen. Code 247 4854) Pardon convictions from another state or federal convictions. Necessarily prevent deportation. Traditional Pardon The traditional pardon procedure, see Pen. Code 247247 4800 - 4813, is available to those persons who are ineligible to petition for a Certificate of Rehabilitation. This procedure is used primarily, although not exclusively, by California ex-felons who reside out-of- state and are therefore unable to satisfy the residency requirement. The traditional pardon procedure is also available to those individuals who have convictions for Pen. Code 247247 286(c), 288, 287(c) or former 288a, 288.5 and 289(j). How to apply A Certificate of Rehabilitation and Pardon Instruction Packet (SDSC #PKT-016) may be obtained from this court and is available at www.sdcourt.ca.gov . American LegalNet, Inc. www.FormsWorkFlow.com SDSC CRM-210 (Rev. 3/13) INSTRUCTION SHEET 226 CERTIFICATE OF REHABILITATION & PARDON SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, CENTRAL COURTHOUSE , 1100 UNIO N ST., SAN DIEGO, CA 92101 EAST COUNTY DIVISION, 250 E. MAIN ST., EL CAJON, CA 92020 NORTH COU NTY DIVIISION, 325 S. MELROSE DR., VISTA, CA 92081 SOUTH COUNTY DIVISION, 500 3RD AVE., CHULA VISTA, CA 91910 INSTRUCTION SHEET 226 CERTIFICATE OF REHABILITATION & PARDON Certificate of Rehabilitation Eligibility Refer to the 223Ho w to Apply for a Pardon224 information forms from the Office of the Governor of the State of California to determine eligibility. District Attorney The Office of the District Attorney reviews and confirms eligibility requirements and may conduct an investigation regarding rehabilitation. Filing Fees There is no filing fee or any other court - related fee r