Any person who has been convicted of a crime in California may apply to the Governor for a pardon.
There are two different paths that one can take to apply for a
pardon. In applying for a pardon, most people must first obtain a
Certificate of Rehabilitation (COR) from the Superior Court in the
county where he or she currently resides, which, when granted, is
itself an application for a pardon. Anyone otherwise ineligible for a
COR must use the "traditional" pardon procedure which requires a pardon
application to be filed directly in the Office of the Governor.
Most people who have been convicted of a felony, or a misdemeanor
sex offense specifically set forth in Penal Code §290, the accusatory
pleading of which has been dismissed pursuant to Penal Code §§ 1203.4
or 1203.4a, may file a COR petition. Those who are ineligible, and are
not able to file a COR petition, are identified in the section
entitled, "WHO IS NOT ELIGIBLE FOR A CERTIFICATE OF REHABILITATION, BUT MAY STILL APPLY FOR A PARDON."
Once a pardon application or certified COR is received by the
Governor, it is referred to the Board of Prison Terms for the
completion of an investigation into the rehabilitative character of the
applicant†. The Board may contact the
district attorney, investigating law enforcement agency and other
persons with relevant information on or concerning the applicant (i.e.
the person who is seeking the pardon).
No fee is charged for applying for a pardon.
† Although, upon receipt of the
certified COR, the Governor may grant a full pardon without further
investigation (except when two or more felony convictions are reported
from separate proceedings‡), in most
cases, the Governor will refer the application for parole to the Board
of Prison Terms for them to conduct a further investigation. Following
review of the Board's report, the Governor may grant the requested
pardon.
‡ If the applicant has been
convicted of one or more felonies in separate proceedings, the
California Supreme Court, by a vote of four (4) justices, must first
approve the granting of a full pardon.
Source: Office of the Governor, Legal Affairs Secretary, California; California Constitution; Penal Code