Yesterday, October 10, 2013, California Governor Gerry Brown announced that he had signed a number of bills into law, including California Senate Bill 530. Included in SB 530 was the introduction of Section 4852.22 to the California Penal Code, which expands the eligibility for those convicted of a felony or misdemeanor sex offense violation to file for a petition for a certificate of rehabilitation and pardon.
A certificate of rehabilitation and pardon is a form of post-conviction record relief that allows ex-felons and certain misdemeanants who have proved that they are rehabilitated to restore civil and political rights of citizenship. Although a certificate of rehabilitation does not erase a criminal conviction, it increases a rehabilitated offender’s chances of being issued a professional or occupational license. It also may relieve certain offenders of their duty to register as a sex offender under Penal Code section 290.
The former law authorized an individual convicted of a felony or misdemeanor sex offense to file for a certificate of rehabilitation and pardon only after a minimum period of rehabilitation had expired, anywhere from five to ten years. The addition of Section 4852.22 to the Penal Code expands the eligibility of those rehabilitated applicants, allowing a trial court to grant an application for certificate of rehabilitation prior to the statutory minimum period of rehabilitation if the presiding judge believes that relief service the interest of justice.
The interest of justice standard is regularly used in California courts for many matters, including other forms of post-conviction relief such as expungement proceedings. The passage of SB 530 allows deserving and rehabilitated individuals who were previously prevented from applying for a certificate rehabilitation to apply without waiting for the statutory minimum period of rehabilitation to pass.
SB 530 was authored by Democrat State Senator Roderick Wright (35th District).
Does the expunge law go into effect now?
ReplyDeleteYes. The new law was in effect upon signing.
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