This page will guide you in determining whether a pardon from the Governor potentially applies to your situation.
There are two types of pardons issued from the California Governor's office: a Certificate of Rehabilitation and a direct pardon.
A Governor's pardon, called a gubernatorial pardon, is an honor traditionally granted only to individuals who have demonstrated exemplary behavior following conviction for a felony. A pardon will not be granted unless it has been earned. It is a privilege, not a right.
The applicant must have been discharged from probation or parole for at least ten years without further criminal activity. This requirement may only be waived in very rare and exceptional circumstances.
The Governor of California will not grant pardons for any convictions outside California jurisdiction.
A pardon does not seal the individual's criminal record, and the pardon itself is a public record. See Penal Code §4852.17.
The granting of a pardon restores certain rights, but not all. You can read more about this restoration of rights here.
Typically, in order to start the process for a gubernatorial pardon, you need a Certificate of Rehabilitation.
If you do not qualify for a Certificate of Rehabilitation, you can apply for a direct (i.e., traditional) pardon. See below for more.
First, decide whether you can apply for a Certificate of Rehabilitation or a direct pardon.
The link to the California Governor's website discussing the qualifications and procedures for asking for a pardon can be found here. It details the procedures for both a direct pardon and a gubernatorial pardon. We encourage you to read this very carefully as it describes the processes, and will assist you in determining which pardon you may qualify for.
Then, apply to the Governor's office for the pardon you seek.
To apply for a gubernatorial pardon, you will need to obtain a Certificate of Rehabilitation from the Court.
Here is the San Diego Superior Court's packet for a Certificate of Rehabilitation. If you need to apply in another jurisdiction, go to that court's website and do research there.
If you are not eligible for a Certificate of Rehabilitation, you can still apply for a direct (traditional) pardon, as discussed here. This method is most often used by those who were convicted of felonies in California, but now reside outside of California. It is also available to those convicted of certain sex offenses. In this instance, you will need to submit an application for executive clemency.
The link to the application for a gubernatorial pardon can be found here. It includes instructions.
The link to the form "Notice of Intent to Apply for Clemency, " for a direct pardon, can be found here. It includes instructions.
This guide is for crimes committed within the jurisdiction of California. As discussed here, other rules and procedures apply for convictions in other jurisdictions. For information about cleaning up your record in other states, the Clean Slate Clearinghouse website may be useful.
If you were convicted of crimes outside of California, contact the public defender for the county in which you were convicted, the judge advocate for the military branch if you were convicted in a military court, or the Federal Defenders Office for federal crimes.