Iowa Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement

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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.

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  • Preview Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement
  • Preview Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement
  • Preview 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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FAQ

Public Intoxication/Consumption (First Offense) and Possession of Alcohol Under Legal Age or Minor In Possession (PAULA/MIP) If you have not had another criminal conviction within two years after the date of conviction (not the date of the offense) you may petition the Court and request that the conviction be expunged.

A minor in possession of alcohol charge (MIP) is no slap on the wrist. This is a criminal charge that can not only result in multiple penalties if convicted but also remain on your record for life, depending on the circumstances.

How Do I Apply for Expungement? Locate your criminal record from the Iowa Division of Criminal Investigation. Complete the ?Application to Expunge Court Record? form. To access the form, visit the Iowa Courts website here: Application to Expunge Court Record. Submit the form to the court in which you were convicted.

A DUI can potentially be expunged in Iowa if you received a deferred judgment, fulfilled the requirements of probation and paid any money owed. However, even if you were able to expunge your DUI, you will likely never be able to make it completely disappear. Expungements apply only to your criminal record.

Two years after a conviction, a person may petition the court to have the conviction removed if they have had no other criminal convictions other than simple misdemeanors during the two-year period. Minor in possession of alcohol is one of the special charges that a person can have expunged from their record.

Request for expungement You have to submit a written request to the court. There is no filing fee to make this request. The Iowa Supreme Court adopted the following standard forms to request expungement: Application to Expunge Not Guilty or Dismissed Charges.

In general, you are eligible to have a conviction record expunged if you were convicted of a misdemeanor conviction, more than eight years have passed since the date of conviction, and you meet other eligibility requirements.

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Iowa Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement