Book V: Enforcement procedures

The convicted person shall address the application for rehabilitation to the public prosecutor of his current residence or, if he lives abroad, to the public prosecutor of his last residence in France or, failing that, to the public prosecutor of the place of conviction. This application shall specify: 1° The date of the conviction; 2° The places where the convicted person has resided since his release. .

The public prosecutor obtains all relevant information from the various places where the sentenced person may have stayed. He also takes the opinion of the sentence enforcement judge.

The public prosecutor shall be issued with: 1° A copy of the sentencing judgments; 2° An extract from the register of places of detention where the sentence was served stating the convicted person’s conduct; 3° Bulletin No. 1 of the criminal record. He shall forward the documents with his opinion to the public prosecutor. .

The matter shall be referred to the court by the public prosecutor. The applicant may submit any relevant documents directly to the court.

The court shall rule within two months on the submissions of the public prosecutor, the party or his lawyer heard or duly summoned.

The decision of the Investigating Chamber may be referred to the Court of Cassation in the manner provided for by this Code.

In the case referred to in Article 789, the appeal in cassation lodged against the judgment rejecting the application for rehabilitation shall be heard and determined without fine or costs. All procedural documents are stamped and registered free of charge. .

If the application is rejected, a new application may not be made until two years have elapsed, unless the rejection of the first application was due to insufficient time for proof. In this case, the application may be renewed as soon as these periods have expired. .

In this case, bulletins no. 2 and no. 3 of the criminal record must not mention the conviction. The judgment granting rehabilitation may, however, order that the conviction be removed from the criminal record and also not be mentioned in bulletin no. 1. The rehabilitated person may have a copy of the judgment granting rehabilitation and an extract from the criminal record issued free of charge. .

Any person whose conviction has been the subject of a legal pardon pursuant to the provisions of the Criminal Code may request, in accordance with the procedure and terms laid down in this chapter, that the investigating chamber order that this conviction be removed from the criminal record and no longer be mentioned in bulletin no. 1.