California Law (Last Updated: March 4, 2014) |
Penal Code - PEN |
Part 3. OF IMPRISONMENT AND THE DEATH PENALTY |
Title 6. REPRIEVES, PARDONS AND COMMUTATIONS |
Chapter 3.5. Procedure for Restoration of Rights and Application for Pardon |
Section 4852.06.
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Except as provided in subdivision (a) of Section 4852.01, after the expiration of the minimum period of rehabilitation applicable to him or her (and, in the case of persons released upon parole or probation, after the termination of parole or probation), each person who has complied with the requirements of Section 4852.05 may file in the superior court of the county in which he or she then resides a petition for ascertainment and declaration of the fact of his or her rehabilitation and of matters incident thereto, and for a certificate of rehabilitation under this chapter. No petition shall be filed until and unless the petitioner has continuously resided in this state, after leaving prison, for a period of not less than five years immediately preceding the date of filing the petition.