Parker

Joseph Milton Parker appeals from the order denying his petition for a certificate of rehabilitation and pardon. (Pen. Code, § 4852.01 et seq.) Parker, an Arizona resident, contends that the statute’s five-year California residency requirement violates his constitutional right to travel by providing for disparate treatment of resident and nonresident ex-felons.

We conclude that the residency requirement does not burden Parker’s constitutional right to travel. California has a legitimate and substantial governmental interest in requiring five years of residency in order to evaluate the conduct critical to a determination of whether a petitioner is entitled to a certificate stating that he or she is rehabilitated and worthy of a pardon. We affirm.

FACTS AND PROCEDURAL HISTORY

In 1989, Parker was convicted in San Luis Obispo County of the felonies of unlawful sexual intercourse with a minor (§ 261.5), and enticing a female under 18 years of age for purposes of prostitution or illicit sexual intercourse (§ 266). Parker was granted probation including a term in county jail. In 1990, Parker ended his residence in California and established a new residence in Arizona. He has…