Section 4852.13 Of Chapter 3.5. Procedure For Restoration Of Rights And Application For Pardon From California Penal Code >> Title 6. >> Part 3. >> Chapter 3.5.
4852.13
. (a) Except as otherwise provided in subdivision (b), if
after hearing, the court finds that the petitioner has demonstrated
by his or her course of conduct his or her rehabilitation and his or
her fitness to exercise all of the civil and political rights of
citizenship, the court may make an order declaring that the
petitioner has been rehabilitated, and recommending that the Governor
grant a full pardon to the petitioner. This order shall be filed
with the clerk of the court, and shall be known as a certificate of
rehabilitation.
(b) No certificate of rehabilitation shall be granted to a person
convicted of any offense specified in Section 290 if the court
determines that the petitioner presents a continuing threat to minors
of committing any of the offenses specified in Section 290.
(c) A district attorney in either the county where the conviction
was obtained or the county of residence of the recipient of the
certificate of rehabilitation may petition the superior court to
rescind a certificate if it was granted for any offense specified in
Section 290. The petition shall be filed in either the county in
which the person who has received the certificate of rehabilitation
resides or the county in which the conviction was obtained. If the
superior court finds that petitioner has demonstrated by a
preponderance of the evidence that the person who has received the
certificate presents a continuing threat to minors of committing any
of the offenses specified in Section 290, the court shall rescind the
certificate.