How to Restore Civil Rights in CA

Persons convicted of a crime in California often feel like after they have served time in jail or federal prison and are released, that they are still being punished, as they may have lost important civil rights. These include the right to vote, the right to serve on a jury, the right to hold public office, or the right to own firearms.

In California, those who have a criminal history and have been in state or federal prison may be eligible to restore some of these rights through expungement, a certificate of rehabilitation, and even a pardon from the California governor's office. Understanding the process is essential for anyone hoping to rebuild their life and move forward after a prior conviction.

Understanding which rights may be lost, how they can be restored, and the steps necessary to regain your rights, or at least some of them, is extremely important.

What Civil Rights Are Lost After a Conviction in California

Depending on the offense, the exact rights that are restricted depend on the nature of the offense, whether it was a misdemeanor or a felony conviction, and what the sentence was. The most common rights that are affected following a conviction include:

• The right to vote - Individuals lose voting rights only while serving a state or federal prison term for a felony. Since Proposition 17 (2020), people on parole can vote. People in county jail for a felony, on probation, or on parole can vote.
• The right to serve on a jury - A person with a felony conviction can serve on a jury unless they are incarcerated, on parole, postrelease community supervision, felony probation, or mandatory supervision, or required to register as a sex offender under Penal Code 290 (Code of Civil Procedure 203(a)).
• The right to hold public office – Felonies and certain other offenses involving corruption may bar someone from running for or holding public office.
• The right to own firearms – Felony convictions generally result in a lifetime ban on firearm possession under California law, with few exceptions.

These restrictions can make fitting back into society to live an honest and upright life more difficult. This is particularly the case when civic participation is limited. However, California does provide avenues for restoring these rights. Goss Law can also help with questions such as Is "knock and talk" legal in CA?

Automatic Restoration of Certain Rights, Even When Convicted of a Felony

Some civil rights, like the right to own a firearm, can be very hard to restore, while others are much easier to get back. In California, for instance, once you serve your sentence, some rights are automatically restored.

One of the most common questions that people ask law offices about civil rights is if they can still vote. Under California law, if you have a misdemeanor criminal conviction, and you were in county jail, you never lose your voter eligibility. If you have a felony conviction, you will lose your right to vote only while serving a state or federal prison term. Once you are released from prison, including onto parole, the right to vote is restored automatically. Under Code of Civil Procedure 203(a), the right to serve on a jury also returns once you are off parole, probation, or other supervision, unless you must register as a sex offender.

It's important to note that California has some of the most progressive voting rights restoration laws in the entire country.

Expungement of a Criminal Record and Civil Rights Restoration

Expungement is typically the first step that people take to restore their civil rights. In California, expungement is explained in Penal Code §1203.4. It allows a person to have their conviction dismissed after they complete their probation.

How Expungement Works for Misdemeanors and Some Felony Convictions

Expungement under Penal Code 1203.4 is available for many misdemeanors and some felonies when the person did not serve time in state prison. Federal convictions cannot be expunged under California law. People who served a state prison sentence may have other options: Penal Code 1203.42 lets people sentenced to prison before realignment, for an offense now punished in county jail, petition for relief, and Penal Code 1203.425 gives automatic relief for most felonies other than serious, violent, or registrable offenses, including prison sentences, four years after the sentence is complete with no new felony. To qualify for relief under 1203.4 for expungement, the person must successfully complete their probation and be off of mandatory supervision. Following the expunged conviction, it is marked as "dismissed" on their criminal record.

What Expungement Can Do

Getting a record expunged does a couple of things. First, it helps with employment applications as it allows people to state that the were not convicted of a felony or misdemeanor offense. It also helps to reduce the barriers and stigma involved in getting housing, jobs, and even professional licenses.

What Expungement Cannot Do

Expungement cannot restore the right to own a firearm, nor does it erase a conviction. The courts and any law enforcement agency can still see that the conviction occurred. It also does not automatically restore eligibility for public office. (Jury service depends on the rules in Code of Civil Procedure 203(a) described above, not on expungement.)

Though an expungement may be seen as limited, it can be a valuable step for those interested in rehabilitation and improving their opportunities.

Certificate of Rehabilitation - Court Order

For those who are seeking more than an expungement, it's possible to get a Certificate of Rehabilitation by petitioning the Superior Court from the county you live in. This is a court order that declares that someone who is a convicted felon has been rehabilitated and now a law-abiding citizen.

Eligibility Requirements

There are some eligibility requirements to get a certificate of rehabilitation. First, the person must have lived in California continuously for at least five years right before filing (Penal Code 4852.06). There is also a waiting period under Penal Code 4852.03. It starts when the person is released from custody or placed on parole, probation, or supervision, whichever comes first. It is five years of California residence plus two more years for most offenses (seven years total), four more years for offenses carrying a life sentence and certain other listed offenses (nine years total), and five more years for offenses requiring sex offender registration (ten years total). Also, the person must not be on felony probation for another crime, and those serving mandatory life parole or who were convicted of certain sex crimes, are sex offenders, convicted of child abuse, etc., are not eligible.

Benefits of a Certificate of Rehabilitation

A certificate of rehabilitation is an official record of rehabilitation, and it serves as an automatic application for a Governor's Pardon. This also can improve your chances of getting professional licenses in the future. Though this doesn't automatically restore all rights, it significantly increases the likelihood of regaining your rights through a pardon.

Governor’s Pardon - Possible 2nd Amendment Rights

The most powerful tool for getting your rights back in California is the Governor's Pardon. The governor has the power to restore many rights that were lost due to a conviction, including 2nd Amendment rights, which means you may be able to gain the right to own firearms. You can also regain the right to hold public office.

The Process

To apply, you will need to have a Certificate of Rehabilitation, which, as mentioned above, is an automatic application for a pardon. The governor will review the application, talk to the district attorney, sentencing judge, and in some cases, even seek out public input. A pardon is pretty rare, and those convicted of two or more felonies have an even more difficult time, but they do happen and it's like the full acknowledgement of rehabilitation following a conviction. It's important to note that a pardon is not guaranteed. However, they serve as the best way to restore civil rights.

Restoring Gun Rights in California

Restoring the right to own firearms is often the right that people want back the most following a felony offense and conviction. A felony conviction usually means that you are banned from owning any type of firearm for the rest of your life. Many misdemeanor convictions, including some domestic violence offenses, bring a 10-year state ban instead (Penal Code 29805).

There are a few ways to get firearm rights back. If the felony was a wobbler, a court can reduce it to a misdemeanor under Penal Code 17(b), which generally restores state gun rights unless the misdemeanor carries its own ban. For other felonies, the main route is a Governor's Pardon. However, under Penal Code 4854, a pardon cannot restore gun rights if the felony involved the use of a dangerous weapon. Also, its important to keep in mind that even if the rights are restored in California, federal courts may still impose restrictions, especially for domestic violence convictions. Because of this, getting gun rights back is possible, but quite tricky.

Practical Steps to Restore Civil Rights

For those who are ready to restore their civil rights, it typically takes the following steps:

1. Complete all sentencing requirements – this includes probation or parole.
2. Seek expungement – this will clear convictions from public view, where possible.
3. Apply for a Certificate of Rehabilitation – if eligible, this will formally demonstrate rehabilitation.
4. Pursue a Governor’s Pardon – either directly or through the certificate, which automatically applies for the pardon.
5. Consult with an experienced attorney – to navigate the complex eligibility requirements and improve the chances of success. This is not simple, but it's possible.

Each step builds upon the last, which means it is a process, and not something immediate.

Common Challenges in Restoring Civil Rights

Restoring rights in California has several obstacles to consider:

• Lengthy waiting periods – Certificates of Rehabilitation require several years of good conduct before applying.
• Complex paperwork – Applications must be detailed, and mistakes can delay or derail the process. It's best to work with a law firm that understands the process.
• Discretionary decisions – Ultimately, judges and the governor have the final say, even if everything is perfect. It's at the court's discretion.
• Federal restrictions – Even after state restoration, some rights may remain limited under federal law.

These challenges highlight the importance working with a lawyer who understands the full process of restoring civil rights in CA.

Why Legal Help Matters

Navigating civil rights restoration in California requires both knowledge and strategy. An attorney can:

• Evaluate eligibility for expungement, certificates, or pardons.
• Ensure that all paperwork is properly completed and filed.
• Represent individuals in hearings or interviews.
• Present strong evidence of rehabilitation, such as community service, employment, or character references.

Working with a lawyer greatly increases the chances of success in regaining civil rights. For more information, this criminal defense attorney in Sacramento CA may be able to help.

Reach Out to Goss Law for Assistance

Restoring civil rights in California is a vital step for individuals who want to fully reintegrate into society after a conviction. While some rights, such as voting and jury service, return automatically, others, like firearm possession and eligibility for public office, may require formal legal processes. Through expungement, certificates of rehabilitation, and gubernatorial pardons, many individuals can rebuild their lives and regain opportunities once lost. Goss Law has more insight on questions like what is the 7 year rule for background checks in CA?

Although the journey is complex, persistence and legal advocacy make it possible. For those seeking a second chance, pursuing civil rights restoration represents not only legal progress but also a powerful symbol of rehabilitation and renewal. Call Goss Law for more information.