People v. Thompson CA4/2

STATEMENT OF FACTS

Defendant was convicted in 1999 of indecent exposure and annoying or molesting

a child. (§§ 314.1, 647.6.) In June 2015 he filed a petition for certificate of rehabilitation

in which he alleged that he had successfully completed probation in 2002 and had

obtained relief under section 1203.4.3 The petition included the form declaration that

“During the period of my rehabilitation, I have lived an honest and upright life,

conducted myself with sobriety and industry, and exhibited good moral character. I have

conformed to and obeyed all the laws of the land.” This assertion was supported by

character references from several friends and relatives.

At the hearing on October 1, 2015, there was what the court described as “an

extensive bench conference” off the record. After defense counsel presented argument,

1 All subsequent statutory references are to the Penal Code unless otherwise specified.

2 Once issued, the certificate operates as an application for a full pardon from the Governor, who may grant the pardon without additional investigation. (§ 4852.16.)

3 That statute allows a defendant who has successfully completed probation either to withdraw a…