Is a convicted sex offender eligible for a certificate of rehabilitation?

California, United States of America


The following excerpt is from People v. Faranso, 192 Cal.Rptr.3d 737, 240 Cal.App.4th 456 (Cal. App. 2015):

People v. Schoop, supra, 212 Cal.App.4th at pp. 457, 467, 151 Cal.Rptr.3d 200, citing People v. Ansell (2001) 25 Cal.4th 868, 877 & fn. 17, 108 Cal.Rptr.2d 145, 24 P.3d 1174.) However, persons convicted of certain sex crimes against children are ineligible for a certificate of rehabilitation. ( 4852.01, subd. (d); People v. Ansell, supra, 25 Cal.4th at pp. 877878, 108 Cal.Rptr.2d 145, 24 P.3d 1174.) Among the offenses which will render a defendant ineligible for relief are violations of section 286, subdivision (c); section 288; section 288a, subdivision (c); section 288.5, or section 289 subdivision (j), although the Governor has the right to pardon such individuals. ( 4852.01, subd. (d).)

(i) Lack of Jurisdiction

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