Can a convicted sex offender obtain a certificate of rehabilitation pursuant to section 4852.01 of the Criminal Code?

^2. The plea was entered pursuant to People v. West (1970) 3 Cal.3d 595. Because the substantive facts are not in dispute on appeal, we provide only a brief recitation of facts from the probation report.

^3. Defendant does not advance an equal protection argument.

^4. Persons convicted of specified sex offenses against children are excluded from relief under section 4852.01 absent "extraordinary circumstances." ( 4852.01, subds. (c) & (d).) However, section 4852.01 is only one path to a gubernatorial pardon. A person convicted of a crime may also petition the Governor directly ( 4800 et seq.). (People v. Ansell (2001) 25 Cal.4th 868, 890.)

^5. The People contend that "obtaining a certificate of rehabilitation is contingent upon obtaining dismissal of the charge pursuant to section 1203.4." Persons convicted of felony offenses who are committed to custody are not required to first obtain a dismissal under section 1203.4. ( 4852.01, subd. (a).) Indeed, persons convicted of felony offenses who are committed to custody are ineligible for relief pursuant to section 1203.4. (People v. Borja (1980) 110 Cal.App.3d 378, 381-382.)