A mandamus is an order to a public agency or governmental body to perform an act required by law when it has neglected or refused to do so. A person may petition for a writ of mandamus when an official has refused to fulfill a legal obligation, such as ordering an agency to release public records. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Georgia Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement
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How to fill out Petition For Writ Of Mandamus Or Mandate To Compel Court To Expunge Record Of Arrest, Trial, And Conviction - Expungement?
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However, Governor Brian Kemp signed Georgia's new expungement law SB 288, which went into effect in January 2021. Now, Georgia law allows individuals convicted of certain crimes to remove their convictions after a period of conviction-free years.
Approved requests for records restrictions must be submitted to the Georgia Bureau of Investigation's Georgia Crime Information Center (GCIC) in order for the arrest to be removed from your public record. You may wish to consult a lawyer before submitting a records restriction request.
As of 2021, Georgia's Second Chance Act enables you to restrict and seal the records of most types of misdemeanor convictions, as long as four years have passed since you completed your sentence, and you have not gotten any new convictions during that time.
The short answer is no. Restoration of rights is a separate process that is handled by the State Board of Pardons and Paroles. After you've been pardoned or had your record expunged, you can apply for a Restoration of Civil and Political Rights.
To be eligible for expungement in Georgia, the person must have completed their sentence, including any probation or parole, and have no new convictions. Also, not all criminal offenses are eligible for expungement, including serious crimes such as murder, rape, and child molestation.
To request points off your driving record, you must: Take and complete a certified Driver Improvement course. Obtain a certificate of completion from the course. Present your certificate of completion to the DDS by mail or in-person.
After four years a felony with no disposition will be expunged, and after seven years violent felonies or violent sexual felonies with no disposition will be expunged. The expunged criminal records will only be visible to police officers, prosecutors, or criminal justice system background checks.
GCIC usually processes complete record restriction applications within 2-3 weeks. You will receive a letter of completion in the mail confirming that the arrest has been restricted in the law enforcement database.