What is a Certificate of Rehabilitation?Published on December 14, 2020
A criminal record simply makes your life harder. It may prevent you from being hired, getting an apartment, obtaining a professional license, qualifying for government programs, and receiving student loans. Criminal records usually are publicly available and easily found.
There are some ways to improve your situation. If you are eligible, Spolin Law P.C. can assist you in obtaining a Certificate of Rehabilitation. It’s one of the few ways you can limit the harm caused by your criminal record in California, New York, or Texas. Call (310) 424-5816 or contact us online for a free consultation.
A Certificate of Rehabilitation Can Help You Get Your Life Back
A Certificate of Rehabilitation won’t expunge or seal your record, but it may be your best option if expungement or other post-conviction remedies aren’t available.
Under California law, it’s illegal for an employer with five or more employees to fail to hire someone because of their convictions if they have a certificate of rehabilitation. The certificate also functions as an automatic pardon application.
Under California law, the certificate is issued by a court and attests to your rehabilitation after a conviction. Texas and New York have their own versions. With this certificate, you can recover some of your legal rights. It should also be easier to find a job.
The process involves filling out a form, gathering evidence to support your application, and a court hearing. If you receive a certificate:
- Your civil rights are restored, except your 2nd Amendment rights concerning firearms
- You can’t be denied public licensing or employment (with some limits) due to your conviction
- Depending on the crime, you may no longer need to register as a sex offender
Do You Qualify for a Certificate of Rehabilitation?
The certificate won’t erase your felony conviction or seal the criminal record. If you served time in either state prison or county jail, you might qualify if you:
- Haven’t been re-incarcerated after your release
- Continuously lived in California for at least five years since your release. Some violent and sex-related crimes have longer waiting periods
- Have proof of your rehabilitation since your release
- Aren’t on probation for another felony
- Were convicted of a felony and sentenced to prison, another California state penal institution or agency, or
- Were convicted of a felony and sentenced to probation, and your conviction has been expunged, or
- Were convicted of a misdemeanor sex offense in Penal Code 290 (the Sex Offender Registration Act), and your conviction has been expunged
Proof of rehabilitation can be shown by:
- A record of consistent employment
- Getting drug, alcohol, or domestic abuse counseling
- Engaging in community events and affairs
- Volunteering for non-profit organizations
- Not having an arrest record
- Active involvement in your children’s lives
- Positive letters from employers, clergy, neighbors, community leaders, or volunteer agencies
After filing your application, a hearing is held. You or your attorney will make your case and evidence that you qualify for the certificate. If the court issues the certificate, it’s reviewed by the Board of Parole Hearings. It will later issue a recommendation as to whether the Governor should pardon you.
Take the Next Step. Contact Spolin Law P.C.
A Certificate of Rehabilitation can help get your life back after serving your sentence and successfully returning to society. To learn more about how you can obtain one or to get our help in the process, call Spolin Law P.C. at (310) 424-5816 or fill out our contact form to schedule a free consultation.
New LA District Attorney George Gascon Promises to Re-Open Thousands of Old CasesPublished on December 9, 2020
The new Los Angeles District Attorney, George Gascon, has promised to re-open thousands of old cases for California prison inmates with Los Angeles County convictions.
George Gascon defeated the prior District Attorney (Jackey Lacey) in the November election last month. He was sworn into office this past Monday, December 7, 2020. Mr. Gascon then shocked the legal community by announcing a wide array of sweeping reforms and a retroactive application of most of these reforms.
“Retroactive” means that the many of the new changes will affect convictions in the past, whether they are from 25 years ago or from the day before Mr. Gascon took office.
This article was written by one of the criminal appeals lawyers at Spolin Law P.C. To find out more about how George Gascon’s election can affect your case, call our firm at (310) 424-5816.
Types of Cases Affected
The new policies issued by the Gascon administration are listed in a series of special directives that were published on December 7, 2020. They affect the following cases:
Cases with Sentence Enhancements
Special Directive 20-08 commands all prosecutors to abolish sentence enhancements (including gang enhancements, strikes, three-strike penalties).
Juveniles Tried in Adult Court
Special Directive 20-09 orders the abolition of the use of adult court for juveniles. Special Directive 20-14 also orders the re-opening and re-sentencing of “all cases where the defendant was a minor at the time of the offense.”
Writs of Habeas Corpus
Special Directive 20-10 stops the prior practice of automatically opposing all writs of habeas corpus. Now, the DA Habeas Unit “shall not simply oppose the petitioner’s claim” when the inmate’s claims are “supported by reasonably available evidence.”
Special Directive 20-13 completely changes the practices of the Conviction Integrity Unit so that the DA’s Office is tasked with helping prove the innocence of inmates where there are “avenues of investigation that have the potential to substantiate the applicant’s claim(s).”
Inmates with Overly-Long Sentences
As Mr. Gascon said himself: “the sentences we impose in this country, in this state, and in Los Angeles County are far too long … [and I] campaigned on stopping the practice of imposing excessive sentences.” (Special Directive 20-14, 12/7/2020, page 2, italics added). Special Directive 20-14 orders the DA’s Office to allow a review of old sentences and use all available legal methods to fairly resentence inmates who received overly-long sentences.
How an Inmate Can Benefit
The election of George Gascon is great news for California inmates with Los Angeles County cases. However, not every inmate will benefit from the new DA’s changes. Here are some steps that may help you in winning a reduced sentence for yourself or a loved one.
Find a Skilled Appeals Lawyer
While Mr. Gascon is clearly an ally in reducing inmate sentences, he is limited by the laws that currently exist. Spolin Law P.C. handles post-conviction matters for clients throughout California and has experience reaching out to the DA’s Office through some of the legal methods described below.
Learn About New Laws AB 2942 / PC 1170d1
One way to get Mr. Gascon’s DA Office to reconsider a case is to apply under the new law AB 2942, which went into effect in 2019. AB 2942 allows each District Attorney’s Office in California to recommend resentencing for old convictions that occurred in that county. The law, written into the Penal Code, is one way to seek the new DA’s help in reducing an overly long sentence.
As one local attorney recently said, “It’s like the DA’s Office is now being run by a true-believer defense attorney.” Nonetheless, there are tens of thousands of unfair sentences that have been handed down in Los Angeles County over the last several decades. In order to benefit from these new policy changes, you will have to take some type of action so that your case gets noticed. The squeaky wheel gets the oil. Speak to your lawyer (or find a lawyer) so that you can begin this process. The appeals lawyers at Spolin Law P.C. are available to review cases and make recommendations.
To speak with a criminal law attorney at Spolin Law P.C., call us at (310) 424-5816.
Attorney at Law Magazine Features Spolin Law P.C. in a Cover Story About the Firm’s Successes and Mission StatementPublished on
The October 2020 New York edition of Attorney at Law Magazine profiled Spolin Law P.C. in a wide-ranging article about the firm’s successful advocacy and its mission statement of treating all clients with respect.
As the article notes, the firm’s fights to win its cases while also treating clients and family members with respect and dignity.
To learn more about Spolin Law and how its criminal appeals lawyers can help on your case, call us at (866) 716-2805.
What is a Wobbler Offense?Published on December 8, 2020
A wobbler offense, also called an “alternative felony/misdemeanor offense,” is a crime that can be charged or punished as either a felony or a misdemeanor in California. Usually the prosecutor decides whether to charge a wobbler as a felony or as a misdemeanor. In some cases judges will decide how to punish a wobbler offense. In addition, a defendant convicted of a wobbler felony may choose to file a petition with the court to reduce the conviction to a misdemeanor. In California there are hundreds of crimes that qualify as wobblers. These include sex crimes, domestic violence, and fraud crimes.
When can the wobbler offense be reduced to a misdemeanor?
There exist four times when a wobbler crime can be reduced from a felony to a misdemeanor:
- When the prosecution first charges the offense;
- At a felony preliminary hearing when the defendant is held to answer;
- During sentencing; or
- If the defendant was not sentenced to prison, after the defendant has done California’s felony probation and filed a petition to reduce the charge.
How do prosecutors decide how to charge a crime?
California does not mandate how a prosecutor should charge a wobbler crime, it remains at the discretion of the prosecutor. In California prosecutors often follow the crime charging standards put out by the California District Attorneys Association. They suggest prosecutors look at the following factors to inform their decision:
- The defendant’s cooperation with law enforcement;
- The age of the defendant;
- The severity of the crime;
- The defendant’s criminal record;
- The chances of defendant continuing to commit crimes;
- If the defendant is eligible for probation;
- How strong the prosecution’s case is.
When do judges reduce a wobbler felony to a misdemeanor?
Judges, like prosecutors, have the discretion to reduce wobblers to misdemeanors from Penal Code 17. The judge can make this choice at either:
- The preliminary hearing,
- The time of sentencing, or
- Following the defendant’s petition to reduce a wobbler felony to a misdemeanor, for cases where the defendant was sentenced to and already completed California’s felony probation.
Judges are not bound by the prosecutor’s decision on how to charge the crime. If there are mitigating circumstances of the crime, judges are able to reduce a wobbler felony down to a misdemeanor. These mitigating circumstances are circumstances that argue in the favor of the judge being more lenient in sentencing. These mitigating factors include, among many others,
- The defendant not having any priors or an insignificant criminal record,
- The defendant played only a minor role in the crime
- The defendant’s acknowledgement of the wrongdoing and/or restitution to the victim early on in the criminal process
- The defendants earlier behavior on probation or parole was satisfactory.
How does one get a wobbler conviction expunged?
Expungement is a type of post-conviction relief in California that is available to most wobblers. For wobblers it does not matter if the charge ended up as a felony or as a misdemeanor conviction. Eligible defendants can petition for an expungement following a completed probation. If the court grants the expungement, the case is to be dismissed with no conviction. In addition, the defendant does not have to tell any employers in the future about the case. Those not eligible for expungement are people convicted of certain sex crimes involving children. Additionally, in order for the defendant to qualify they must also have not served time in California State Prison for their offense, or had served jail time in a state prison for a crime that would be now served in county jail following Proposition 47’s new legislation.