When to Apply

Persons eligible for a Certificate of Rehabilitation (COR) may file a petition with the Superior Court in their current county of residence once they have completed the period of rehabilitation (POR), plus a certain period of years designated by the Legislature, depending on the particular criminal offense for which he or she was convicted.

The POR begins to run upon discharge from incarceration, or upon release on probation or parole, whichever occurs first.

The following additional years (i.e. those years that one must wait in addition to the POR) must have passed prior to filing a COR petition:

Four years for any person convicted of Penal Code §§ 187 [murder], 209 [kidnapping for certain specific purposes, other than a sexual purpose], 219 [train derailing or wrecking], 4500 [life prisoner committing assault with a deadly weapon], 12310 [explosion of a destructive device causing death, mayhem, or great bodily injury], or Military & Veteran’s Code §1672(a) [sabotage], or any other offense which carries a life sentence;


Five years for any person convicted of any offense for which sex offender registration is required pursuant to Penal Code §290, except for a misdemeanor conviction of Penal Code §§ 311.2, subdivisions (b), (c), or (d), 311.3, 311.10, or 314;


Two years for any offense not otherwise listed and which does not carry a life term;


The Court may extend the POR where the individual was sentenced to a consecutive term; however, the extension of time cannot exceed the period of time prescribed by statute for the service of the complete sentence.

Any person convicted of these misdemeanor offenses must only wait an additional two years.

Source: Office of the Governor, Legal Affairs Secretary, California; Penal Code