Is it likely to successfully file for expungement in Santa Barbara County from out-of-state following probation completion?

Asked almost 2 years ago - Santa Barbara, CA

I received a wet reckless conviction in early 2010 and am nearing my probation completion. I have since relocated to New Jersey and would like to apply for expungement. Is the expungement process held in front a judge, meaning I would need representation in court, or would filing the form from out-of-state garner the same results? I would like to avoid even more legal fees if possible.

Attorney answers (5)

  1. William Carlos Makler

    Contributor Level 12


    Lawyers agree

    Answered . Yes, you can mail it in. Go to --> local forms --> 1203.4 petition.

  2. Michael R Crosner

    Contributor Level 20


    Lawyers agree

    Answered . You do not have to appear. - I believe the court form can be downloaded from court web-site. If you have any problem, and you should contact a local S.B. attorney.

    This is not intended to be legal advise or as legal representation. I am a California personal injury attorney .... more
  3. Jasen Bodie Nielsen


    Contributor Level 19


    Lawyers agree

    Answered . You can mail it in. Follow the link Mr. Makler sent you. Please be aware that there is typically a $120 fee charged by the courts to process the application. Based on what you've described, hiring an attorney shouldn't cost you much more than $500, and should make the entire process much more smooth and efficient. Good luck.

    Jasen Nielsen

  4. Nicholas Milan Loncar

    Contributor Level 18


    Lawyers agree

    Answered . I would also add that an "expungement" in CA is not what many people think it is. The court will add "dismissed" to your docket after a 1203.4 dismissal, but the charges will still be there.

  5. Brian Russell Michaels


    Contributor Level 16


    Lawyer agrees

    Answered . You dont need an attorney to do it for you. Its just a form

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