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

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.

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Attorney answers 5

Posted

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

Posted

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 . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

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.

Asker

Posted

Are you saying expunging this from a driving/criminal record has no benefit?

Nicholas Milan Loncar

Nicholas Milan Loncar

Posted

It certainly has benefits and is worthwhile pursuing. I just wanted to make sure that you know (and anyone reading this knows) that an expungement under 1203.4 doesn't completely erase a case. It will look better to have an expungement and you will be able to say that you haven't been convicted. So there is still a benefit and I recommend it, just temper your expectations.

Posted

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

Jasen Bodie Nielsen

Jasen Bodie Nielsen

Posted

Also, the probation period on a Wet Reckless is typically 2 years, which should be long over by now.

Asker

Posted

The term of probation was set at 3 years.

Jasen Bodie Nielsen

Jasen Bodie Nielsen

Posted

Understood. Good luck.

Posted

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