Under California Penal Code § § 4800 et seq., a pardon may be based on either innocence or rehabilitation.  Generally, a pardon based on rehabilitation will be obtained by securing a “certificate of rehabilitation” under California Penal Code § 4852.  A person convicted of a felony and committed to state prison or other institution may petition for the certificate after having resided in California for a “rehabilitation period,” during which time the person has lived an upright, sober and law‑abiding life.  Under § 4852.03, the required rehabilitation period is calculated based on the maximum possible sentence for the crimes committed; a minimum three‑year period is required.  The period begins after completion of sentence or termination of parole or probation.

 

            After the rehabilitation period has been completed, a person may file for a hearing in superior court on the matter.  A certificate of rehabilitation is in fact a court‑issued recommendation that the governor grant a pardon, and constitutes an application for a pardon.[199]

 

            Misdemeanants may not petition for a certificate of rehabilitation,  and persons convicted twice of a felony must meet special requirements under California Penal Code § 4852.  Other persons, such as sex offenders, are not eligible.[200] 

 

            Persons who are not eligible for a certificate of rehabilitation or who assert that they are innocent of the charges may apply for a pardon directly to the governor.  Under California Penal Code § 4801, the Board of Prison and Paroles may recommend that the governor issue a pardon or commutation of sentence for individuals who are in state prison.  The governor grants or denies any pardon as a matter of discretion.

 

            Now that Arnold Schwartzenegger is Governor of the State of California, prospects of obtaining an executive pardon may have improved.  In the opening weeks of his reign, he has paroled several persons convicted of murder under sympathetic circumstances who have served lengthy sentences and turned their lives around.  He does not appear to need to avoid granting any boons to criminals because his right-wing credentials are sufficiently strong.  Therefore, it may have become worthwhile to apply for a pardon in California for the first time in many years.

[199] See generally 5 Erwin, Millman, Monroe, Sevilla, Taklow, California Criminal Defense Practice, chap. 105 (executive clemency).

[200] See California Penal Code § 4852.01(d). Effective January 1, 1998, this provision states; “Th[e] chapter [beginning with section 4852.01 and establishing the certificate of rehabilitation procedure] shall not apply to . . . persons convicted of a violation of subdivision (c) of Section 286 [sodomy with a victim under age 14 or by force, fear, or retaliatory threat], Section 288 [lewd acts with a victim under age 14], subdivision (c) of Section 288a [oral copulation with a victim under age 14 or by force, fear, or retaliatory threat], Section 288.5 [continuous sexual abuse of a victim under age 14], or subdivision (j) of Section 289 [sexual penetration with a victim under age 14] . . . .”

Other

CAL POST CON " GOVERNOR BROWN PARDONS 81
http://www.latimes.com/local/lanow/la-me-ln-brown-pardons-20150405-story.html

CAL POST CON " GOVERNORS PARDON POST CON RELIEF " PARDON " CALIFORNIA
Governor Jerry Brown granted a full and unconditional governors pardon of 1984 convictions of crimes of moral turpitude in Apr., 2012. Thanks to Mathew Millen.

CAL POST CON"PARDONS"GOVERNORS REPORT (2011)
During calendar 2011, Governor Brown granted 21 pardons, but no commutations or reprieves.