Section 4852.01 Of Chapter 3.5. Procedure For Restoration Of Rights And Application For Pardon From California Penal Code >> Title 6. >> Part 3. >> Chapter 3.5.
4852.01
. (a) A person convicted of a felony who is committed to a
state prison or other institution or agency, including commitment to
a county jail pursuant to subdivision (h) of Section 1170, may file a
petition for a certificate of rehabilitation and pardon pursuant to
the provisions of this chapter.
(b) A person convicted of a felony or a 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 a prison, jail, detention
facility, or other penal institution or agency since the dismissal of
the accusatory pleading, 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.
(c) This chapter does 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.
(d) 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.