I recently learned that someone I know was convicted of a sex crime 17 years ago, and this person petitioned the court in 2010 to, perhaps, prove rehabilitation and receive a pardon.
This person is still listed as a sex offender and is petitioning the court again this year. Why weren't they pardoned nearly 2 years ago? What are some of the factors to be considered?
A certificate of rehabilitation was submitted in June 2010. From what I'm told, another hearing is set for next month. I'm guessing the courts didn't like what they heard in '10???
Criminal Defense Attorney
Unfortunately, submitting a petition request for rehabilitation and pardon is not the same as getting either request granted. As my colleagues have said, such grants are rare, particularly for a full pardon. The best approach, although expensive, is to continue to seek relief while also continuing efforts to have accomplishments that will convince the court and the Governor that rehabilitation has been achieved and a pardon is warranted.
Although I am an experienced CA criminal defense and appeals attorney, I can not 'guarantee' that my answer is entirely accurate, since I have not reviewed all of the factual circumstances of the case, nor have I discussed those circumstances fully with the questioner. The fact that I have answered this question does not establish an attorney client relationship between the questioner and my self or my office.
Pardons are hard to receive... They rarely ever happen...