When you have a criminal record, you will most likely be facing insurmountable prejudice. It can be difficult to find a job, receive a state license, find housing, and generally participate in society with this stigma. You do not have to live with this stigma forever though. A Certificate of Rehabilitation is available to those who have completed all aspects of their sentence. Receiving this certificate will greatly improve your ability to get a job and reenter society.
In Nevada, recognition is called a Certificate of Good Conduct. It essentially is a testament to the individual’s rehabilitation. You can apply for this document five years after you were released from custody or completed your probation. The effect of the certificate is to remove a part of the legal disability that was sustained by the conviction. It also provides evidence of good moral character. It can be used as proof of outstanding public service, as well. This certificate is very similar to a full pardon; however, it does not reinstate the right to bear arms.
This certificate is granted by the Nevada Board of Pardon Commissioners, which is also responsible for granting pardons. The Governor, Supreme Court Justices, and the Attorney General are all on this board. In order to request this Certification of Good Conduct, a person must submit an application to the board. The board will investigate the situation and have an initial review. They will then have an informal hearing with the applicant. It is best to have an attorney when you go through this process to ensure that you are taking all of the proper steps.
Currently, this certificate is not a popular way to go as the board rarely grants the certificate. It may be better to apply for a pardon instead. If you are looking to clean up your record this way, contact our firm right away. At Okabe & Haushalter, an experienced Las Vegas criminal defense lawyer can advise you on which path is best for you. We will walk you through every step of the way.
Which path you can take will depend on the nature of the crime and its resulting conviction. An expungement may be one option that you can choose. However, not all crimes will qualify to undergo this process. If you do not qualify to expunge your record, you may request a Certificate of Rehabilitation. This path will not remove the infraction from your record. However, it will be a positive statement that potential employers can look at.
This certificate will tell an employer that you have reformed from your former ways and are now reintegrated into society. It also will tell a state licensing board that they cannot outright refuse to consider you for a license, such as a teaching credential, security guard certificate or a real estate license. It also may allow some sex offenders to be relieved of their duty to register. However, the crime will still be seen as a prior conviction if you are faced with another charge.
When you decide to take this step, you must fill out a Notice of Filing for Certificate of Rehabilitation and Pardon, followed by the Petition for Certificate of Rehabilitation and Pardon. There are no fees to do so. You can fill out these documents after you have completed all the requirements of your sentence. For San Francisco residents, you must have been a resident in California for at least five years just prior to turning in the petition. You will receive a hearing with the DA’s office as long as you meet all of the eligibility requirements.
Your attorney can represent you during this time. However, you do not necessarily need an attorney to go through this procedure, it is highly recommended that you do so. At Okabe & Haushalter, we are dedicated to providing you with top legal guidance and representation. Our experienced legal team will exhaust every avenue in our efforts to have your charges eliminated, reduced, or pardoned. For the help you need, do not hesitate to call our firm today!