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California Pardon & Clemency — How to Apply

California offers one of the most robust clemency systems in the country. The Certificate of Rehabilitation is a court order that declares a person rehabilitated and automatically serves as an application for a Governor's pardon.

Last updated: 2026-03-28. This is informational only, not legal advice.

Who Grants Pardons

Authority: Both

California has two pardon paths: a Certificate of Rehabilitation (judicial, through the courts) and a Governor's pardon (executive). For applicants with two or more felonies, the Governor must receive a recommendation from the Board of Parole Hearings before granting a pardon.

Types of Clemency Available

Full Pardon

The Governor's pardon officially forgives the conviction and restores most civil rights. Can restore firearm rights if specified.

Certificate of Rehabilitation

A court order declaring rehabilitation. Automatically serves as a pardon application. Does not forgive the conviction but relieves most penalties and disabilities.

Commutation

Reduction of sentence. The Governor can commute sentences, including death sentences to life imprisonment.

Reprieve

Temporary suspension of punishment.

Eligibility Requirements

Waiting period: Certificate of Rehabilitation: 7 years after release from custody (or 7 years after the date of the offense for probation-only sentences). Direct pardon: no formal waiting period but completion of sentence is required.

Clean record required: Yes — Must demonstrate rehabilitation and a law-abiding lifestyle since the conviction. For the Certificate of Rehabilitation, the court evaluates the person's current lifestyle, employment, and community ties.

Other requirements:
  • Must be a California resident for Certificate of Rehabilitation
  • Must not be currently on probation or parole
  • Sex offenders required to register under Penal Code 290 must petition for a Certificate of Rehabilitation before seeking a pardon

How to Apply — Step by Step

  1. Option 1 — Certificate of Rehabilitation: File a petition in the superior court of the county where you live. The court evaluates rehabilitation and, if granted, automatically forwards the certificate to the Governor as a pardon application.
  2. Option 2 — Direct application to the Governor: Submit a formal pardon application to the Governor's office.
  3. Include detailed personal history, conviction information, evidence of rehabilitation, and character references.
  4. For two or more felonies, the Board of Parole Hearings must investigate and recommend the pardon to the Governor.
  5. The Governor reviews the application (or court recommendation) and makes a decision.

What a Pardon Does & Doesn't Do

Gun Rights

A Governor's pardon restores California state firearm rights unless the conviction involved a dangerous weapon. Federal restrictions may still apply. A Certificate of Rehabilitation alone does not restore firearm rights.

Voting Rights

California automatically restores voting rights upon completion of prison sentence (since Prop 17 in 2020). People on parole, probation, and post-release supervision can now vote. A pardon is not needed for voting restoration.

Effect on Criminal Record

A pardon does not automatically expunge the record. However, under Penal Code 1203.4, a separate petition can dismiss the conviction after completing probation. AB 1076 (effective 2021) provides automatic record relief for eligible convictions.

Employment

A Certificate of Rehabilitation prevents state licensing agencies from denying a license solely based on the pardoned conviction. A Governor's pardon further strengthens employment prospects.

Processing Time & Likelihood

Average processing time: Certificate of Rehabilitation: 3 to 6 months through the courts. Governor's pardon: 6 months to several years.

Pardon rate: Moderate to high — California Governors have been increasingly active in granting pardons. Governor Newsom granted over 100 pardons in recent years.

Cost: Free — no filing fee for pardon applications. Court filing fees for Certificate of Rehabilitation can be waived for indigent applicants.

Pardon vs. Expungement in California

California has strong expungement options under Penal Code 1203.4 (dismissal after probation) and AB 1076 (automatic record relief). These are more accessible than a pardon and should be pursued first. A Certificate of Rehabilitation goes further by declaring rehabilitation and triggering a pardon application. A Governor's pardon is the highest level of relief and is typically pursued after expungement/dismissal.

See the full Californiaexpungement guide →

Official Resources

Frequently Asked Questions

What is a Certificate of Rehabilitation in California?
A Certificate of Rehabilitation is a court order that officially declares you have been rehabilitated. It automatically serves as an application for a Governor's pardon. It relieves most penalties and disabilities of the conviction and prevents state licensing agencies from denying a license solely based on the conviction.
How long do I have to wait to apply for a pardon in California?
For a Certificate of Rehabilitation, you must wait 7 years after release from custody (or 7 years from the offense date for probation-only sentences). For a direct Governor's pardon, there is no statutory waiting period, but you must have completed your sentence.
Does a California pardon restore gun rights?
A Governor's full pardon restores state firearm rights for most offenses (except those involving dangerous weapons). Federal firearms restrictions under 18 U.S.C. Section 922(g) may still apply. A Certificate of Rehabilitation alone does not restore firearm rights.

Related California Pages

Related Resources on This Site

Disclaimer: This is informational only, not legal advice. Pardon and clemency laws change frequently. Consult a qualified attorney in California for advice about your specific situation.
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