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        <title><![CDATA[certificate-of-rehabilitation - Law Offices of William W. Bruzzo]]></title>
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        <description><![CDATA[Law Offices of William W. Bruzzo's Website]]></description>
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                <title><![CDATA[An Overview: Minors and the Criminal Justice System]]></title>
                <link>https://www.bruzzolaw.com/blog/an-overview-minors-and-the-criminal-justice-system/</link>
                <guid isPermaLink="true">https://www.bruzzolaw.com/blog/an-overview-minors-and-the-criminal-justice-system/</guid>
                <dc:creator><![CDATA[Law Offices of William W. Bruzzo]]></dc:creator>
                <pubDate>Tue, 16 Apr 2013 03:22:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[California Youth Authority]]></category>
                
                    <category><![CDATA[certificate-of-rehabilitation]]></category>
                
                    <category><![CDATA[criminal-law]]></category>
                
                    <category><![CDATA[criminal-offense]]></category>
                
                    <category><![CDATA[criminal-record]]></category>
                
                    <category><![CDATA[juvenile]]></category>
                
                    <category><![CDATA[Juvenile Justice System]]></category>
                
                
                
                <description><![CDATA[<p>Whenever a person who is 17 or younger is arrested for a criminal offense the case is referred to the&nbsp;Juvenile Justice system&nbsp;in the county where the crime occurred. Criminal cases in the Juvenile system are treated very differently then adult cases. Whereas the authorities tend to concentrate on punishment for adult offenders, the emphasis in&hellip;</p>
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<p>Whenever a person who is 17 or younger is arrested for a criminal offense the case is referred to the&nbsp;<a href="http://www.bruzzolaw.com/criminal-charges/juvenile-law.html" target="_blank" rel="noreferrer noopener">Juvenile Justice system</a>&nbsp;in the county where the crime occurred. Criminal cases in the Juvenile system are treated very differently then adult cases. Whereas the authorities tend to concentrate on punishment for adult offenders, the emphasis in criminal cases before the juvenile court is rehabilitation of the minor.</p>



<p>As such, the court will often provide minors with an incentive to turn their lives around by offering them a dismissal of the case if they comply with certain terms like community service and/or classes on personal responsibility, drug abuse and other similarly themed educational opportunities.</p>



<p>While minors are subject to the penal code just like adults, the fact that they are 17 or younger also brings them under the authority of the Welfare and Institutions Code. Of special significance to minors is Welfare and Institutions Code Section 790 which permits the Juvenile Judge to enter a&nbsp;<strong>Deferred Entry of Judgment (DEJ)</strong>&nbsp;for the minor. This resolution requires the minor to plead guilty but sentencing is delayed to give the minor time to complete community service or classes. Once the minor finishes the court requirement, then the case is&nbsp;<strong>DISMISSED</strong>. In this fashion, the minor is never sentenced on the offense and thus the petition is not sustained against him. This saves the minor from having the juvenile equivalent of a conviction. It also, provides the minor with a reason to “straighten up and fly right” so that he can keep his record clean.</p>



<p>Notably, if the minor has never been to the California Youth Authority (state prison for juveniles), has successfully completed probation on previous cases, is over the age of 14 and is not accused of a serious or violent offense he can qualify for this program. Charges that are too serious to be considered for this program include murder, robbery,&nbsp;<a href="http://www.bruzzolaw.com/criminal-charges/rape.html" target="_blank" rel="noreferrer noopener">rape with force</a>, kidnapping for ransom, attempted murder and other various serious and violent offenses.</p>



<p>However, most juveniles qualify for the Deferred Entry of Judgment Program and are spared a juvenile conviction.&nbsp;<a href="http://www.bruzzolaw.com/contact.asp" target="_blank" rel="noreferrer noopener">Contact the Law Offices of William W. Bruzzo</a>&nbsp;to discuss the particular facts of your child’s case.</p>
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            <item>
                <title><![CDATA[Sex Registrants No Longer Register With Certificate of Rehabilitation]]></title>
                <link>https://www.bruzzolaw.com/blog/sex-registrants-no-longer-register-with-certificate-of-rehabilitation/</link>
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                <dc:creator><![CDATA[Law Offices of William W. Bruzzo]]></dc:creator>
                <pubDate>Fri, 04 Nov 2011 22:38:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[California]]></category>
                
                    <category><![CDATA[certificate-of-rehabilitation]]></category>
                
                    <category><![CDATA[Penal-Code]]></category>
                
                    <category><![CDATA[sex-crimes]]></category>
                
                
                
                <description><![CDATA[<p>Many sex crimes require lifetime registration under Penal Code Section 290. However, for some sex crime convictions like Penal Code Section 314(Indecent Exposure) a person may be relieved of the duty to register if he is granted a Certificate of Rehabilitation under Penal Code Section 4852.01. This generally requires a clean record since the conviction and&hellip;</p>
]]></description>
                <content:encoded><![CDATA[
<p>Many sex crimes require lifetime registration under Penal Code Section 290. However, for some sex crime convictions like <a href="http://www.bruzzolaw.com/criminal-charges/sex-cases.html" target="_blank" rel="noreferrer noopener">Penal Code Section 314</a>(Indecent Exposure) a person may be relieved of the duty to register if he is granted a Certificate of Rehabilitation under Penal Code Section 4852.01. This generally requires a clean record since the conviction and continuous residence in the state of California for at least 7 years. A Certificate of Rehabilitation must be filed in the county where the Registrant lives and served on the District Attorney in that county AND on the District Attorney of the county where the conviction occurred. Courts are generally willing to grant Certificates if the Petitioner shows that he is rehabilitated by having committed no other crimes and otherwise led the life of a productive citizen. A court will decide whether to grant the Petition usually at one hearing with input from the various prosecuting agencies involved and after an examination of the Petitioner’s request. See, Penal Code Sections 290.5 and 4852.01.</p>
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                <title><![CDATA[Criminal Record Impacts Employment]]></title>
                <link>https://www.bruzzolaw.com/blog/criminal-record-impacts-employment/</link>
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                <dc:creator><![CDATA[Law Offices of William W. Bruzzo]]></dc:creator>
                <pubDate>Wed, 25 Nov 2009 04:13:00 GMT</pubDate>
                
                    <category><![CDATA[Uncategorized]]></category>
                
                
                    <category><![CDATA[California]]></category>
                
                    <category><![CDATA[certificate-of-rehabilitation]]></category>
                
                    <category><![CDATA[criminal-offense]]></category>
                
                    <category><![CDATA[criminal-record]]></category>
                
                    <category><![CDATA[expungement]]></category>
                
                    <category><![CDATA[Pardons]]></category>
                
                    <category><![CDATA[Prison]]></category>
                
                    <category><![CDATA[Will-Bruzzo]]></category>
                
                
                
                <description><![CDATA[<p>In today’s economic environment many people are seeking employment and new career paths. Oftentimes job seekers are surprised to learn that prospective employers will not only secure a credit report on the applicant, but also a criminal record report. Employers become very selective and may never give an applicant a second glance if a criminal&hellip;</p>
]]></description>
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<p>In today’s economic environment many people are seeking employment and new career paths. Oftentimes job seekers are surprised to learn that prospective employers will not only secure a credit report on the applicant, but also a criminal record report. Employers become very selective and may never give an applicant a second glance if a criminal record exists. Your criminal record impacts your employment possibilities. Here is an interesting article from the Wall Street Journal.</p>



<p>If you have a criminal record, no matter how old you were at the time of the conviction, there are three different legal methods for cleaning up your criminal record. The first is an Expungement; the second is a Certificate of Rehabilitation; and the third is a Pardon.</p>



<p>Here is a real-life example of one client’s experience when a past criminal record threatened to impact securing a state license for a new career.</p>



<p>CERTIFICATE OF REHABILITATION (California Penal Code Section 4852.01 and sequential)</p>



<p>“I was convicted of the criminal charge concerning conspiracy to sell a controlled substance under Health and Safety Code Section 11352 over 20 years ago in an Orange County Superior Court. I was sentenced to three years of formal probation, which I successfully completed, with a suspended state prison term of five years. I was 26 years old at the time and this has been the only criminal offense on my record. I applied to the Respiratory Care Board of California to become licensed as a respiratory therapist, but my application was denied as a result of my criminal record. This cut my salary in half. I was informed that to “clean” my record, I had to do an Expungement, Certificate of Rehabilitation and Pardon. A Certificate of Rehabilitation is the second step toward a Pardon. Mr. Bruzzo filed a Certificate of Rehabilitation on my behalf, which was GRANTED. Because it was granted, the Certificate of Rehabilitation became an automatic Pardon application. Mr. Bruzzo’s legal knowledge and experience truly benefited me in my case.” ~ GA Date:11/10/09</p>
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