Pen. Code, § 4852.01 · Chapter 3.5. Procedure for Restoration of Rights and Application for Pardon
Pen. Code, § 4852.01
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as specified in subdivision (b), a person convicted of a felony may file a petition for a certificate of rehabilitation and pardon pursuant to the provisions of this chapter.
(b) A person convicted of a misdemeanor violation of any sex offense specified in Section 290, or a felony violation of any sex offense specified in Section 290 who is granted probation, the accusatory pleading of which has been dismissed pursuant to Section 1203.4, may file a petition for certificate of rehabilitation and pardon pursuant to the provisions of this chapter if the petitioner has not been incarcerated in a prison, jail, detention facility, or other penal institution or agency since the dismissal of the accusatory pleading, is not on probation for the commission of any other felony, and the petitioner presents satisfactory evidence of five years’ residence in this state prior to the filing of the petition.
(c) This chapter does not apply to persons serving a mandatory life parole, persons committed under death sentences, persons convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, or persons in military service.
(d) Notwithstanding any other law, the Governor has the right to pardon a person convicted of a violation of Section 269, subdivision (c) of Section 286, subdivision (c) of Section 287, Section 288, Section 288.5, Section 288.7, subdivision (j) of Section 289, or subdivision (c) of former Section 288a, if there are extraordinary circumstances.
Notes and commentary — not statutory text
History
Amended by Stats. 2022, Ch. 766, Sec. 1. (AB 1924) Effective January 1, 2023.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=4852.01.
- Text hash
- sha256 19487814053847247f64c2a153dc0ec9fdab4098ffb32c32b6738fa7ca08ac2e
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Penal Code
- Pen. Code, § 269Printed as Section 269
- Pen. Code, § 286Printed as Section 286
- Pen. Code, § 287Printed as Section 287
- Pen. Code, § 288Printed as Section 288
- Pen. Code, § 288.5Printed as Section 288.5
- Pen. Code, § 288.7Printed as Section 288.7
- Pen. Code, § 289Printed as Section 289
- Pen. Code, § 290Printed as Section 290
- Pen. Code, § 1203.4Printed as Section 1203.4
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Provisions in this library whose text cites Pen. Code, § 4852.01. Each shows the citation as that text prints it.
Education Code
Health and Safety Code
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