Certificate of Rehabilitation

Overview

A Certificate of Rehabilitation will relieve certain offenders from having to continue to register pursuant to PC 290.  A certificate of rehabilitation is issued by the Superior Court of California in the county in which you reside and is a strong statement from the California trial court that you are a rehabilitated person who is honest and law-abiding, obeying and conforming to the laws of the land.  To file for a certificate of rehabilitation, you must satisfy certain waiting periods which begin at the time that you were discharged from jail or on to parole.  For most sex offenses the waiting period is 10 years, while some only require a 7 year waiting period.  Additionally, you must have resided in the State of California for five years prior to filing the motion.

Pricing

For a fee of $250, we will complete the initial research, evaluate your case and determine your options to terminate your registration requirement.  That $250 fee will be applied to any service you decide to retain our firm to perform for you.  The fee for a Certificate of Rehabilitation starts at $1450.00.

Additional Eligibility Information

If you obtain a Certificate of Rehabilitation for the following offenses, you can terminate your registration requirement under PC 290.  If you were convicted of a felony of one of the offenses below and did not receive a suspended prison sentence or serve time in state prison, you may be eligible to have your felony reduced to a misdemeanor, which would then make you eligible to terminate the sex offender registration requirement.

• 243.4 Sexual battery, provided the offense is a misdemeanor.
• 262(a)(1) Rape Spouse by force or fear.
• 266 Entice minor female for prostitution/etc, provided the offense is a misdemeanor.
• 266c Induce intercourse/sex acts by false representation with intent to create fear, provided the offense is a misdemeanor.
• 266h(b) Pimping: Prostitute under 16 years of age.
• 266i(b) Pandering: Pandering Prostitute under 16 years of age.
• 272 Contribute to the delinquency of a minor (lewd or lascivious).
• 285 Incest.
• 286 Sodomy.
• 286(a) Sodomy; General Category.
• 286(b)(1) Sodomy with person under 18 years, provided the offense is a misdemeanor
• 288a(b)(1) Oral Copulation of a minor under 18 years of age, provided the offense is a misdemeanor.
• 288.2 Harmful matter – special circumstance (felony only).
• 288.2(a) Harmful Matter: Seduction of minor via phone
• 288.2(b) Harmful Matter: Seduction of minor via mail/internet.
• 289(a) (Prior Code) Sexual penetration by foreign object, provided the offense is a misdemeanor.
• 289(h) Sexual penetration with foreign object: Victim under 18, provided the offense is a misdemeanor.
• 311.1 (Prior Code) Indecent exposure.
• 311.1(a) Send/sell etc. obscene matter depicting minor.
• 311.10 (Prior Code) Advertise obscene matter depicting minor.
• 311.10(a) Advertise obscene matter depicting minor.
• 311.11 (Prior Code) Possess obscene matter, child under 14 years.
• 311.11(a) Possess obscene matter of minor in sexual act.
• 311.11(b) Possess obscene matter of minor in sexual act with a prior conviction.
• 311.2(b) Distribute obscene material depicting minor for commercial consideration.
• 311.2(c) Distribute obscene material depicting minor (misdemeanor).
• 311.2(d) Distribute obscene matter of minor to minor.
• 311.3 (Prior Code) Sexual exploitation of a child.
• 311.3(a) Depict sexual conduct of minor.
• 311.3(b) Sexual exploitation depicting minor in sex act.
• 311.3(b)(1) Sexual exploitation: sexual intercourse.
• 311.3(b)(2) Sexual exploitation: penetration by foreign object.
• 311.3(b)(3) Sexual exploitation: masterbation.
• 311.3(b)(4) Sexual exploitation: sadomasochistic abuse.
• 311.3(b)(5) Sexual exploitation: exhibition of genitals.
• 311.3(b)(6) Sexual exploitation: defecation/urination for viewer stimulation.
• 311.3(d) Prior conviction: punishment.
• 311.4 (Prior Code) Employment or use of minor to perform prohibited acts.
• 311.4(a) Employment or use of minor to perform prohibited acts.
• 311.4(b) Employment or use of minor to perform prohibited acts for commercial purposes.
• 311.4(c) Employment or use of minor for obscene matter.
• 314.1 Indecent exposure.
• 314.2 Assist act of indecent exposure.
• 314.10 Indecent exposure.
• 647a (Prior Code) Annoy or molest children, provided the offense is a misdemeanor.
• 647a(1) (Prior Code) Annoy or Molest Children, provided the offense is a misdemeanor.
• 647.6 q Annoy or molest child under 18, provided the offense is a misdemeanor.
• 647.6(a) Annoy or molest Children, provided the offense is a misdemeanor.
• 647.6(b) Annoy or molest children/illegal entry, provided the offense is a misdemeanor.
• 647.6(c)(1) Annoy or molest children with prior, provided the offense is a misdemeanor.
• 647.6(c)(2) Annoy or molest children specific prior conviction, provided the offense is a misdemeanor.
• 653f(c) Soliciting commission of 264.1, 288, or 289 by force or violence.
• 702 WIC (Prior Code) Contribute to the delinquency of minor. (Lewd or lascivious finding)
• 5512 WIC (Prior Code) Mentally disordered sex offender (MDSO) commitment to 90 days.
• 6316 WIC Commitment (90 days) as an MDSO (prior to 1982).

 

9 Comments » for Certificate of Rehabilitation
  1. Kyle says:

    I was curious on how long the waiting period is for a certificate of rehabilitation for a PC 272 conviction which required 290 registration. Is is 10 years or 7 years?

    • nbuchanan says:

      Kyle, the waiting period for a PC 272 Conviction would be 10 years from the date that you were discharged from custody or placed on probation, whichever is sooner.

  2. MS says:

    I was curious on how long the waiting period is for a COR for a 311.11(a). Is it 7 or 10 years? Does the clock start ticking from the day I get released from jail or does it start from the day I’m finished with probation? Thanks!

    • nbuchanan says:

      For a 311.11(a), the period of rehabilitation is 10 years. The period begins running from the date that you are released from jail.

      • MS says:

        Thanks for the info and quick response. I’m going to be sentenced next month and looks like I will be spending 15 days in jail so the 10year clock will start ticking away for me probably July of this year. I understand that to qualify for a COR I will need to get the felony reduced to a misdemeanor. Do you guys do those? Are reductions and CORs for 311.11(a) cases really hard to get or are my chances pretty decent? Thanks!

        • nbuchanan says:

          That is correct you will need to reduce the felony to a misdemeanor and our firm handles those on a regular basis. A reduction and COR are in the discretion of the court, therefore, it is important that you remain a law-abiding individual, comply with all of the the terms of your probation and demonstrate that you have lived an honest and upright life since the offense.

  3. Staying Positive says:

    I think this case People v. Schoop from December 2012 found that a differential between 7 and 10 years amongst 311 cases was against the equal protection doctrine and all 311 cases are now eligible for COR after 7 years:

    http://www.google.com/url?sa=t&rct=j&q=people%20v.%20schoop%20doc&source=web&cd=5&cad=rja&ved=0CEMQFjAE&url=http%3A%2F%2Fwww.courts.ca.gov%2Fopinions%2Farchive%2FA134793.DOC&ei=nNzlUf6jCOmMiAKnloC4Ag&usg=AFQjCNE8mnvFDUyKrlKJYivGdUefs74JTQ&bvm=bv.49405654,d.cGE

  4. JM says:

    I was curious on how long the waiting period is for a certificate of rehabilitation for a PC 288.2(a) and PC 288.2(b) felony conviction which required 290 registration. Is is 10 years or 7 years?

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Recent developments in California case law have removed the ability to eliminate mandatory sex offender registration through a Hofsheier petition for individuals convicted of specific sexual offenses. Laws affecting sex offender registration is very quickly changing with the advancement of technology and the easy accessibility of information, there are many people who are losing their livelihood, homes and families. We can help you move forward with your life.