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October 10, 2011


Poolguy

Are there any Pro Bono Attorneys in Costa Mesa available for a low income client needing help with an expungement of domestic violence and violation of restraining order.

My case is complex but not convoluted. I have been able to terminate both probations. I have the full support of my victim and her parents.

I am an aerospace worker now forced into low income work due to my 'dirty' background check (hence the Poolguy username)

I have visited the Public Defenders Office and I have the necessary paperwork to file the petition myself but I am unclear about the importance of the reference letters. I can find 5 people willing to write letters for me but they all ask, "what do you want me to put into the letter?" and I can only answer that they must put into their own words why they feel I should be granted a dismissal.

I believe it is incorrect for me to 'tell them what to write' but I could really benefit from some advice?? possibly on what not to write!

 

Thanks,

Steve

October 11, 2011


Mathew Higbee, Esq

Did they let you off of probation early or did you serve all of the probation that you were sentenced?

Founding Attorney – RecordGone.com

October 11, 2011


Poolguy

Mathew Higbee, Esq said:

Did they let you off of probation early or did you serve all of the probation that you were sentenced?


 

Both probations were terminated within the last two months after completing two years out of the initial three. On the first count of DV the people did not object. On the second count of violation of protective order the DA objected but the Judge overruled. Also the restraining order was reduced to safe contact after my victim became ill with conjunctive heart failure and I moved back in with her in order to help with her medical needs.

Thanks 

October 12, 2011


Mathew Higbee, Esq

If the court terminated your probation early you are entitled to the expungement.  The judge has no discretion.  So, it really doesn't matter if you have zero or 100 references, the judge must grant the relief pursuant to Penal Code 1203.4 if probation was successfully compelted and ended early via Penal Code 1203.4.

 

Congratulations.

Founding Attorney – RecordGone.com

October 12, 2011


Poolguy

Well thank you Mr. Higbee. You just made my night.

I will complete the paperwork tomorrow and include the three references from my victim, her Mother, and her step Father.

Keep up the good work!

 

Thanks,

Steve

October 12, 2011


Mathew Higbee, Esq

Please let me know if you have any other questions.  

If you feel inclined, would you mind giving some feedback on http://www.yelp.com/biz/the-law-firm-of-higbee-and-associates-santa-ana

I will see if I can dig up the case law that states it is an entitlement, just in case the judge is hesitant. 

Founding Attorney – RecordGone.com

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