How to Get a Governor's Pardon in California

If you have been convicted of a felony in the State of California, and since your conviction you have had no further criminal charges or convictions, you may be eligible for a pardon from the governor. A pardon makes you eligible to vote, to serve on a jury, to own firearms (under certain conditions), and restores some other rights as well. If you believe you may be eligible, you can either apply in court for a Certificate of Rehabilitation or apply directly to the governor’s office.

Method 1

Method 1 of 3:

Applying for a Pardon by Certificate of Rehabilitation

1
Determine your eligibility for a Certificate of Rehabilitation. A Certificate of Rehabilitation is an order that can be issued by a Superior Court judge. The Certificate of Rehabilitation indicates that you have been rehabilitated from the crime you committed, and it serves as the first step toward obtaining a pardon. If you are eligible for a Certificate of Rehabilitation, this is the preferred method for obtaining a pardon. Eligibility for a Certificate of Rehabilitation requires the following:^{[1]XResearch source}
- You were convicted of a felony and served your sentence in California
- You have been released on parole or completed your sentence
- You have not been incarcerated since your release
- You have been a resident of California for a minimum of three years since your release (convictions for sex offenses under Penal Code §290 require a five year residence period)
2
Obtain an application packet for a Certificate of Rehabilitation. Contact the clerk’s office at the Superior Court for the county where you reside to request an application packet. You may either go to the clerk’s office in person, call and ask for one to be mailed, or ask if the forms are available online.
- In San Diego county, for example, the application packet is available online and can be completed and submitted electronically.^{[2]XResearch source}
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3
Complete the application. It is important that you provide all the information that is requested on the form. An incomplete form will either delay the process or may not be considered. To complete the application, you will need to provide the following information:^{[3]XResearch source}
- your name
- county of residence
- your birthdate
- the case number of all your criminal cases
- information about your sentence (if convicted more than once, you need information about each conviction)
- date of your discharge or release (if convicted more than once, you need information about each conviction)
Your signature indicates that all the information provided in your application is true and that you believe you meet the eligibility requirements for a Certificate of Rehabilitation.^{[4]XResearch source}
5
Submit the completed form to the court. When the form is complete, return the completed form to the clerk’s office for the court where you obtained it. In addition to the forms that are required, you may also wish to submit with your application any of the following additional supporting information:^{[5]XResearch source}
- Character letters from people who know you
- Awards, personal achievements, and evidence of charity work
- An updated psychological evaluation if necessary in your case
- Pictures of family
- An autobiography
- Your criminal history from the Department of Justice
When you submit your application to the court, you are required to send a copy of the application to the district attorney’s office for each county where you were convicted. If you have been convicted more than once in separate counties, then you need to notify each office.^{[6]XResearch source}
7
Receive and provide notice of the hearing date. After your application is filed, the court will notify you of a date for a hearing. When you receive this notice, it is your responsibility to notify the district attorney, in writing, of that hearing date as well. ^{[7]XResearch source}
- You are not guaranteed a hearing on your application. The materials from the governor's office are clear that there is no "right" to a pardon or any of the steps along the way. If a hearing is deemed necessary, the court will notify you.
- Similarly, there is no requirement for the court to grant a hearing within any time limit. In some cases, the court will require some investigation prior to conducting a hearing, but other cases may not require as much work.
At the hearing, the court will question you about the details of your application, your conviction, and your life since your release. Be prepared to discuss all of this. Take with you to the hearing copies of any paperwork that demonstrates any volunteer work you have done, and civic involvement, and anything else that you believe will support your application.
You are entitled to have legal representation at the hearing, if you wish, but a lawyer is not required. You need to present yourself as respectfully as possible and be prepared to answer any questions the judge may choose to ask about your history.
In many cases, the court will rule on your Certificate of Rehabilitation at the hearing. If your application was contested or becomes complicated for any reason, the court may take the matter under advisement and issue a decision in writing at a later date.
11
Await a ruling on your application for pardon. If your Certificate of Rehabilitation is granted, that becomes an automatic application to the governor’s office for a pardon request. You do not need to take any further steps. The form is forwarded directly to the governor’s office for further review and consideration for a pardon.
- After this point, there is nothing further for you to do. The governor’s staff will review the paperwork and may conduct a further investigation. There is no required timetable for a response, or even a requirement that the governor’s office respond at all.
- If your address changes while you are waiting for a response to your application, you should notify the governor’s office in writing.
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Method 2

Method 2 of 3:

Requesting a Pardon by Direct Application to the Governor

If you are not eligible to apply for a pardon through a Certificate of Rehabilitation, you can apply by completing an application form. This form is available from the website of the Office of the Governor. You can also obtain a copy of the application form by writing to Governor’s Office, State Capitol, Attn: Legal Affairs, Sacramento, CA 95814.
You will need to provide your name and contact information, information about your convictions and the dates of all convictions and sentences, and a written statement describing why you believe the governor should grant your pardon.
This form is available along with the application form. You need to complete this form, with your name and a description of your conviction. This form will provide notice to the District Attorney that you are applying for a pardon. Mail the form to the District Attorney for each county in which you were convicted.
4
Deliver the completed application to the governor’s office. After you have sent the Notice of Intent to the district attorney, you then need to complete the Statement of Notice to District Attorney and Declaration Under Penalty of Perjury form. This form is available along with the application. The Statement of Notice certifies that you have sent the Notice of Intent form to the district attorney. Complete the Statement of Notice, attach it to your completed application form, and submit them both to the governor’s office.
- Before mailing, keep a copy of all the completed paperwork for your own records.
- The completed paperwork should be mailed to Governor’s Office, State Capitol, Attn: Legal Affairs, Sacramento, CA 95814.
5
Wait to receive notice of your pardon. After you have completed all the steps of the application, your work is done. The governor’s staff will review the paperwork and may conduct a further investigation. You are not expected to call and check on the status of your application. The governor's office will respond when a decision is reached, but there is no required timetable for a response, or even a requirement that the governor’s office respond at all.
- You should notify the governor's office if you move while you are waiting for a decision on your application.
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Method 3

Method 3 of 3:

Preparing Yourself to be Eligible

1
Live an “exemplary” life following release or parole. The general standard for granting a pardon is that you must have demonstrated “exemplary behavior” since leaving custody. This means that, at the very least, you cannot be charged or convicted of any additional crimes since getting out of prison.
- Although the term exemplary is not explicitly defined, the language used on the official pardon certificate says that each applicant “has lived an honest and upright life, exhibited good moral character, and conducted himself as a law-abiding citizen.”
2
Wait at least ten years following your release. A pardon will not be considered for the first ten years following your discharge from probation or parole. You are eligible to obtain a Certificate of Rehabilitation within three to five years, but eligibility for a pardon does not begin until after ten years following your release.
- For the 104 pardons granted in 2014, the average length of time from discharge until pardon was about 22 years.
3
Demonstrate positive involvement in your community. This is not a stated requirement for a pardon, but it is a very good idea. Pardons are very rarely granted, in comparison to the number of applications that are received, so you will want to demonstrate something that shows your exemplary character beyond just avoiding further criminal activity.
- Some of the pardon certificates signed by the governor note that the applicants have served as volunteers at the local police or fire station, became active in civic organizations, or earned college degrees.
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