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.
Illinois 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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Under the new law, the Illinois State Police (ISP) and all law enforcement agencies within the State are required to automatically expunge eligible ?Minor Cannabis Offense? criminal history records of arrest within specified time parameters.
File an Expungement or Sealing Petition in Illinois in Person. To file an expungement or sealing petition in person, you must go to the courthouse in the county (or district) that has your records. Hand your petition directly to the circuit court clerk and pay the filing fee.
You may be immediately statutorily eligible for an expungement if the final disposition of your case was that charges were: dropped, dismissed, acquitted (not guilty) or arrested without charging. This is true regardless of whether you were charged with a felony or a misdemeanor.
You do not have to have a lawyer to seal or expunge your record, but you may decide to hire one to help with the process.
For the most part, you can't expunge a felony in Illinois. There are some exceptions ? such as honorably discharged veterans of the U.S. Armed Forces, who are eligible to expunge certain Class 3 and Class 4 felonies ? but for most people with felonies, expungement isn't even an option.
Once a judge signs an order to expunge or seal, the Clerk of the Circuit Court will remove all records from their system including their public access system so the information does not appear on a background check. A search in the Clerk's system will not yield any results as if the case never occurred.
Recent legislation significantly expanded the misdemeanor and felony offenses that are eligible for expungement and sealing. The sentence you received and the offense determine your eligibility for expungement and/or sealing. Sentences eligible for expungement: Acquittals.
Convictions that cannot be sealed (hidden): Reckless Driving (unless under 25 at the time of the offense and no other convictions for DUI or reckless driving) Driving Under the Influence. Domestic Battery. Violation of an Order of Protection. Violation of a Civil No-Contact Order. Violation of a Stalking No-Contact Order.
