reglab/housing_qa huggingface dataset:
CA Penal Code § 4852.04 (2021)
2021 California Code|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 4852.04.

4852.04.  Each person who may initiate the proceedings provided for in this chapter shall be entitled to receive counsel and assistance from all rehabilitative agencies, including the adult probation officer of the county and all state parole officers, and, in the case of persons under 30 years of age, from the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.(Amended by Stats. 2015, Ch. 378, Sec. 8. (AB 1156) Effective January 1, 2016.)
CA Penal Code § 4852.05 (2021)
2021 California Code|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 4852.05.

4852.05.  The person shall live an honest and upright life, shall conduct himself or herself with sobriety and industry, shall exhibit a good moral character, and shall conform to and obey the laws of the land.(Amended by Stats. 1996, Ch. 981, Sec. 4. Effective January 1, 1997.)
CA Penal Code § 4852.06 (2021)
2021 California Code|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.

4852.06.  After the expiration of the minimum period of rehabilitation a 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 or in which he or she was convicted of a felony or of a crime the accusatory pleading of which was dismissed pursuant to Section 1203.4, 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. A petition shall not be filed until and unless the petitioner has continuously resided in this state, after leaving prison or jail, for a period of not less than five years immediately preceding the date of filing the petition.(Amended by Stats. 2018, Ch. 824, Sec. 5. (AB 2845) Effective January 1, 2019.)
CA Penal Code § 4852.07 (2021)
2021 California Code|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 4852.07.

4852.07.  The petitioner shall give notice of the filing of the petition to the district attorney of the county in which the petition is filed, to the district attorney of each county in which the petitioner was convicted of a felony or of a crime the accusatory pleading of which was dismissed pursuant to Section 1203.4, and to the office of the Governor, together with notice of the time of the hearing of the petition, at least 30 days prior to the date set for such hearing.(Amended by Stats. 1976, Ch. 434.)
CA Penal Code § 4852.08 (2021)
2021 California Code|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 4852.08.

4852.08.  During the proceedings upon the petition, the petitioner may be represented by counsel of his or her own selection. If the petitioner does not have counsel, he or she shall be represented by the public defender, if there is one in the county, and if there is none, by the adult probation officer of the county, or if in the opinion of the court the petitioner needs counsel, the court shall assign counsel to represent him or her.(Amended by Stats. 2015, Ch. 303, Sec. 402. (AB 731) Effective January 1, 2016.)
CA Penal Code § 4852.09 (2021)
2021 California Code|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 4852.09.

4852.09.  No filing fee nor court fees of any kind shall be required of a petitioner in proceedings under this chapter.(Added by Stats. 1943, Ch. 400.)
CA Penal Code § 4852.1 (2021)
2021 California Code|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 4852.1.

4852.1.  (a) The court in which the petition is filed may require testimony as it deems necessary, and the production, for the use of the court and without expense of any kind to the petitioner, of all records and reports relating to the petitioner and the crime of which he or she was convicted, including the following:(1) The record of the trial.(2) The report of the probation officer, if any.(3) The records of the prison, jail, detention facility, or other penal institution from which the petitioner has been released showing his or her conduct during the time he or she was there, including the records of the penal institution, jail, or agency doctor and psychiatrist.(4) The records of the parole officer concerning the petitioner if the petitioner was released on parole, records of the probation officer concerning the petitioner if the petitioner was released on postrelease community supervision or mandatory supervision, or the records of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities concerning the petitioner if the petitioner had been committed to that authority.(5) The written reports or records of any other law enforcement agency concerning the conduct of the petitioner since the petitioner’s release on probation, parole, postrelease community supervision, or mandatory supervision, or discharge from custody.(b) A person having custody of any of the records described in subdivision (a) shall make them available for the use of the court in the proceeding.(Amended by Stats. 2015, Ch. 378, Sec. 10. (AB 1156) Effective January 1, 2016.)
CA Penal Code § 4852.11 (2021)
2021 California Code|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 4852.11.

4852.11.  A peace officer shall report to the court, upon receiving a request as provided in Section 4852.1, all known violations of law committed by the petitioner. Upon receiving satisfactory proof of a violation the court may deny the petition and determine a new period of rehabilitation not to exceed the original period of rehabilitation for the same crime. In that event, before granting the petition, the court may require the petitioner to fulfill all the requirements provided to be fulfilled before the granting of the certificate under the original petition.(Amended by Stats. 2015, Ch. 303, Sec. 403. (AB 731) Effective January 1, 2016.)
CA Penal Code § 4852.12 (2021)
2021 California Code|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 4852.12.

4852.12.  (a) In a proceeding for the ascertainment and declaration of the fact of rehabilitation under this chapter, the court, upon the filing of the application for petition of rehabilitation, may request from the district attorney an investigation of the residence of the petitioner, the criminal record of the petitioner as shown by the records of the Department of Justice, any representation made to the court by the applicant, the conduct of the petitioner during the period of rehabilitation, including all matters mentioned in Section 4852.11, and any other information the court deems necessary in making its determination. The district attorney shall, upon request of the court, provide the court with a full and complete report of the investigations.(b) In any proceeding for the ascertainment and declaration of the fact of rehabilitation under this chapter of a person convicted of a crime the accusatory pleading of which has been dismissed pursuant to Section 1203.4, the district attorney, upon request of the court, shall deliver to the court the criminal record of petitioner as shown by the records of the Department of Justice. The district attorney may investigate any representation made to the court by petitioner and may file with the court a report of the investigation including all matters known to the district attorney relating to the conduct of the petitioner, the place and duration of residence of the petitioner during the period of rehabilitation, and all known violations of law committed by the petitioner.(Amended by Stats. 2015, Ch. 303, Sec. 404. (AB 731) Effective January 1, 2016.)
CA Penal Code § 4852.13 (2021)
2021 California Code|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 4852.13.

4852.13.  (a) Except as otherwise provided in subdivision (b), if after hearing, the court finds that the petitioner has demonstrated by his or her course of conduct his or her rehabilitation and his or her fitness to exercise all of the civil and political rights of citizenship, the court may make an order declaring that the petitioner has been rehabilitated, and recommending that the Governor grant a full pardon to the petitioner. This order shall be filed with the clerk of the court, and shall be known as a certificate of rehabilitation.(b) No certificate of rehabilitation shall be granted to a person convicted of any offense specified in Section 290 if the court determines that the petitioner presents a continuing threat to minors of committing any of the offenses specified in Section 290.(c) A district attorney in either the county where the conviction was obtained or the county of residence of the recipient of the certificate of rehabilitation may petition the superior court to rescind a certificate if it was granted for any offense specified in Section 290. The petition shall be filed in either the county in which the person who has received the certificate of rehabilitation resides or the county in which the conviction was obtained. If the superior court finds that petitioner has demonstrated by a preponderance of the evidence that the person who has received the certificate presents a continuing threat to minors of committing any of the offenses specified in Section 290, the court shall rescind the certificate.(Amended by Stats. 1996, Ch. 981, Sec. 6. Effective January 1, 1997.)
CA Penal Code § 4852.14 (2021)
2021 California Code|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 4852.14.

4852.14.  The clerk of the court shall immediately transmit certified copies of the certificate of rehabilitation to the Governor, to the Board of Parole Hearings and the Department of Justice, and, in the case of persons twice convicted of a felony, to the Supreme Court.(Amended by Stats. 2015, Ch. 303, Sec. 405. (AB 731) Effective January 1, 2016.)
CA Penal Code § 4852.15 (2021)
2021 California Code|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 4852.15.

4852.15.  Nothing in this chapter shall be construed to abridge or impair the power or authority conferred by law on any officer, board, or tribunal to revoke or suspend any right, privilege, or franchise for any act or omission not involved in his or her conviction, or to require the reinstatement of the right or privilege to practice or carry on any profession or occupation the practice or conduct of which requires the possession or obtaining of a license, permit, or certificate. Nothing in this chapter shall affect any provision of Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or the power or authority conferred by law on the Board of Medical Examiners therein, or the power or authority conferred by law upon any board that issues a certificate permitting any person to practice or apply his or her art or profession on the person of another. Nothing in this chapter shall affect any provision of Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code or the power or authority in relation to attorneys at law and the practice of the law in the State of California conferred by law upon or otherwise possessed by the courts, or the power or authority conferred by law upon the State Bar of California or any board or committee thereof.(Amended by Stats. 1987, Ch. 828, Sec. 141.)
CA Penal Code § 4852.16 (2021)
2021 California Code|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 4852.16.

4852.16.  (a) The certified copy of a certificate of rehabilitation transmitted to the Governor shall constitute an application for a full pardon upon receipt of which the Governor may, without any further investigation, issue a pardon to the person named therein, except that, pursuant to Section 8 of Article V of the Constitution, the Governor shall not grant a pardon to any person twice convicted of felony, except upon the written recommendation of a majority of the judges of the Supreme Court.(b) Subject to criteria established by the Governor, a certificate of rehabilitation issued by a court shall be reviewed by the Board of Parole Hearings within one year of receipt of the certificate, which shall issue a recommendation as to whether the Governor should pardon that individual. Any criteria established by the Governor shall be made publicly available, but shall be otherwise exempt from the requirements of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.(Amended by Stats. 2018, Ch. 824, Sec. 6. (AB 2845) Effective January 1, 2019.)
CA Penal Code § 4852.17 (2021)
2021 California Code|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 4852.17.

4852.17.  Whenever a person is issued a certificate of rehabilitation or granted a pardon from the Governor under this chapter, the fact shall be immediately reported to the Department of Justice by the court, Governor, officer, or governmental agency by whose official action the certificate is issued or the pardon granted. The Department of Justice shall immediately record the facts so reported on the former criminal record of the person, and transmit those facts to the Federal Bureau of Investigation at Washington, D.C. When the criminal record is thereafter reported by the department, it shall also report the fact that the person has received a certificate of rehabilitation, or pardon, or both.Whenever a person is granted a full and unconditional pardon by the Governor, based upon a certificate of rehabilitation, the pardon shall entitle the person to exercise thereafter all civil and political rights of citizenship, including, but not limited to: (1) the right to vote; (2) the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.(Amended (as amended by Stats. 2010, Ch. 178, Sec. 85) by Stats. 2011, Ch. 296, Sec. 218. (AB 1023) Effective January 1, 2012.)
CA Penal Code § 4852.18 (2021)
2021 California Code|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 4852.18.

4852.18.  The Board of Parole Hearings shall furnish to the clerk of the superior court of each county a set of sample forms for a petition for certificate of rehabilitation and pardon, a notice of filing of petition for certificate of rehabilitation and pardon, and a certificate of rehabilitation. The clerk of the court shall have a sufficient number of these forms printed to meet the needs of the people of the county, shall post these forms on the court’s Internet Web site, and shall make these forms available at no charge to persons requesting them.(Amended by Stats. 2018, Ch. 824, Sec. 7. (AB 2845) Effective January 1, 2019.)
CA Penal Code § 4852.19 (2021)
2021 California Code|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 4852.19.

4852.19.  This chapter shall be construed as providing an additional, but not an exclusive, procedure for the restoration of rights and application for pardon. Nothing in this chapter shall be construed as repealing any other provision of law providing for restoration of rights or application for pardon.(Added by Stats. 1943, Ch. 400.)
CA Penal Code § 4852.2 (2021)
2021 California Code|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 4852.2.

4852.2.  Every person, other than an individual who is licensed to practice law in the State of California, pursuant to Article 4 (commencing with Section 6060) of Chapter 4 of Division 3 of the Business and Professions Code and who is acting in that capacity, who solicits or accepts any fee, money, or anything of value for his or her services, or his or her purported services, in representing a petitioner in any proceeding under this chapter, or in any application to the Governor for a pardon under this chapter, is guilty of a misdemeanor.(Amended by Stats. 1990, Ch. 632, Sec. 5.)
CA Penal Code § 4852.21 (2021)
2021 California Code|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 4852.21.

4852.21.  (a) A person to whom this chapter applies shall, prior to discharge or release on parole or postrelease community supervision from a state prison or other state penal institution or agency, or prior to discharge or release on mandatory supervision from a county jail, be informed in writing by the official in charge of the place of confinement of the person’s right to petition for, and of the procedure for filing the petition for and obtaining, a certificate of rehabilitation and pardon pursuant to this chapter.(b) Prior to dismissal of the accusatory pleading pursuant to Section 1203.4, the defendant shall be informed in writing by the clerk of the court dismissing the accusatory pleading of the defendant’s right, if any, to petition for, and of the procedure for filing a petition for and obtaining, a certificate of rehabilitation and pardon pursuant to this chapter.(Amended by Stats. 2015, Ch. 378, Sec. 11. (AB 1156) Effective January 1, 2016.)
CA Penal Code § 4852.22 (2021)
2021 California Code|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 4852.22.

4852.22.  Except in a case requiring registration pursuant to Section 290, a trial court hearing an application for a certificate of rehabilitation before the applicable period of rehabilitation has elapsed may grant the application if the court, in its discretion, believes relief serves the interests of justice. (Added by Stats. 2013, Ch. 721, Sec. 2. (SB 530) Effective January 1, 2014.)
CA Penal Code § 4853 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 4 - Effect of Full Pardon|Section 4853.

4853.  In all cases in which a full pardon has been granted by the Governor of this state or will hereafter be granted by the Governor to a person convicted of an offense to which the pardon applies, it shall operate to restore to the convicted person, all the rights, privileges, and franchises of which he or she has been deprived in consequence of that conviction or by reason of any matter involved therein; provided, that nothing herein contained shall abridge or impair the power or authority conferred by law on any board or tribunal to revoke or suspend any right, privilege or franchise for any act or omission not involved in the conviction; provided further, that nothing in this article shall affect any of the provisions of the Medical Practice Act (Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code) or the power or authority conferred by law on the Board of Medical Examiners therein, or the power or authority conferred by law upon any board that issues a certificate which permits any person or persons to apply his or her or their art or profession on the person of another.(Amended by Stats. 1987, Ch. 828, Sec. 143.)
CA Penal Code § 4854 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 4 - Effect of Full Pardon|Section 4854.

4854.  In the granting of a pardon to a person, the Governor may provide that the person is entitled to exercise the right to own, possess, and keep any type of firearm that may lawfully be owned and possessed by other citizens; except that this right shall not be restored, and Sections 17800 and 23510 and Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6 shall apply, if the person was ever convicted of a felony involving the use of a dangerous weapon.(Amended (as amended by Stats. 2010, Ch. 178, Sec. 86) by Stats. 2011, Ch. 296, Sec. 219. (AB 1023) Effective January 1, 2012.)
CA Penal Code § 4900 (2021)
2021 California Code|Penal Code - PEN|PART 3 - OF IMPRISONMENT AND THE DEATH PENALTY|TITLE 6 - REPRIEVES, PARDONS AND COMMUTATIONS|CHAPTER 5 - Indemnity for Persons Erroneously Convicted and Pardoned|Section 4900.

4900.  (a) Any person who, having been convicted of any crime against the state amounting to a felony and imprisoned in the state prison or incarcerated in county jail pursuant to subdivision (h) of Section 1170 for that conviction, is granted a pardon by the Governor for the reason that the crime with which they were charged was either not committed at all or, if committed, was not committed by the person, or who, being innocent of the crime with which they were charged for either of those reasons, shall have served the term or any part thereof for which they were imprisoned in state prison or incarcerated in county jail, may, under the conditions provided under this chapter, present a claim against the state to the California Victim Compensation Board for the injury sustained by the person through the erroneous conviction and imprisonment or incarceration.(b) If a state or federal court has granted a writ of habeas corpus or if a state court has granted a motion to vacate pursuant to Section 1473.6 or paragraph (2) of subdivision (a) of Section 1473.7, and the charges were subsequently dismissed, or the person was acquitted of the charges on a retrial, the California Victim Compensation Board shall, upon application by the person, and without a hearing, recommend to the Legislature that an appropriation be made and the claim paid pursuant to Section 4904, unless the Attorney General establishes pursuant to subdivision (d) of Section 4902, that the claimant is not entitled to compensation. (Amended by Stats. 2021, Ch. 490, Sec. 3. (SB 446) Effective January 1, 2022.)