What is the Difference Between a Certificate of Rehabilitation and Expungement in California?
At the Kosnett Law Firm, our criminal defense attorneys in Los Angeles believe that legal trouble should not be the issue that defines you going forward.
Even if you have been convicted of a crime in California, it does not have to ruin the rest of your life by remaining on your permanent record.
Our Los Angeles County post-conviction relief attorneys will walk you through the applicable legal solutions that will allow you to regain some, or possibly all, of the freedoms you enjoyed before the conviction, so you can get your life back on track and start redefining your future.
What is the Difference Between an Expungement and a Certificate of Rehabilitation in California?
A Certificate of Rehabilitation, or COR, can help tidy up a person’s record after he or she was sentenced to state prison, and assist with the removal of some misdemeanor sex offense registration requirements by declaring that a person convicted of a felony is now rehabilitated through a California court order.
Expungements, on the other hand, allow individuals to withdraw their guilty pleas or convictions and dismiss their cases for most purposes.
Who is Eligible for a Certificate of Rehabilitation in California?
A Certificate of Rehabilitation is generally available to people who meet certain criteria and specific rehabilitation periods after a prior conviction.
The eligibility requirements include:
- A specific list of misdemeanor sex offenses where the conviction has been expunged
- A felony sentenced to probation and the conviction has been expunged
- A felony sentenced to a California state jail or institution
The individual applying for the Certificate of Rehabilitation must reside in California for at least five years, been rehabilitated for an additional period of between two-five years following their release from custody, probation, or parole.
Benefits of a Certificate of Rehabilitation in California
The granting of a Certificate of Rehabilitation restores some of the applicant’s rights of citizenship that were forfeited because of a conviction and acts as an automatic application for a California governor’s pardon.
The additional benefits of a California Certificate of Rehabilitation may include:
- Fewer obstacles to professional licensing
- Better employment application prospects
- End the duty to register as a California sex offender, only in certain applicable cases
Who is Eligible for Expungement in Los Angeles, California?
Just like everyone is not eligible for a Certificate of Rehabilitation, not everyone is eligible to have their convictions expunged in Los Angeles, California.
Our California Legislation allows a person to become eligible for expungement if they were convicted of a misdemeanor or felony offense and fully completed their probation requirements successfully.
You are not eligible to pursue expungement if you are currently charged with, on probation, or serving a sentence for a crime.
You are also not eligible to pursue expungement if you were sent to California state prison, either at the time of judgment or due to a probation violation, or if you were convicted of serious sex offenses against children.
What Are the Benefits of Expungement in California?
The biggest benefit of an expungement is that it allows our clients to clear their record of certain charges, so they can legally and truthfully state they have never been convicted of that crime because it will be effectively erased from your record.
This means employers or other organizations will no longer be able to see your criminal conviction during a background check, which provides expanded opportunities for all.
If you would like to pursue the benefits of pursuing a Certificate of Rehabilitation or expungement in California, contact our Los Angeles criminal defense attorneys at the Kosnett Law Firm today by calling (310) 445-5900 or by contacting us online.