People v. Johnson CA3

DISCUSSION

I. Eligibility for Relief and the Contentions of the Parties

Section 4852.01 et seq. permits certain offenders to request a certificate of rehabilitation. Prior to seeking relief under section 4852.01, an offender convicted of a misdemeanor sex offense specified under section 290 must first obtain an expungement under section 1203.4. (§ 4852.01, subd. (c).) To obtain a certificate of rehabilitation, “[t]he 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.” (§ 4852.05.) For crimes not otherwise specified, the petitioner must be rehabilitated for seven years before filing the petition. (§ 4852.03, subd. (a)(3).) However, the period of rehabilitation is 10 years for a “person convicted of committing any offense or attempted offense for which sex offender registration is required pursuant

3 to Section 290, except for convictions for violations of subdivision (b), (c), or (d) of Section 311.2, or of Section 311.3, 311.10, or 314.” (§ 4852.03, subd. (a)(2).) For those convictions, the period is seven years. (Ibid.) Additionally,…