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.
Indiana 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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Felony Expungement in Indiana Individuals who petition the court to have a Class D / Level 6 felony expunged must have their request granted if eight or more years have passed since their conviction and, during that time, they have had no new criminal convictions.
Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.
The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.
Here are some of the crimes that cannot be expunged in Indiana: Crimes that involve homicide (murder and manslaughter) Multiple convictions for crimes that involve the use of deadly weapons. Crimes that involve sex or violent offenses. Certain misconduct offenses.
Criminal justice agencies like the court, prosecutor, and police will continue to have access to all information. Although it has been nicknamed an "expungement law," Indiana's Second Chance Law only restricts access to criminal records; it does not forever erase or expunge one's criminal history.
Indiana Code 35-38-9-1 requires the Court to expunge the record automatically. One caveat is that since this is a new law, some Courts may not be in the habit of doing this or may not do it automatically. If you feel your case qualifies for this automatic expungement, give us a call and we can help you out!
Records contained within an individual's criminal history file may be expunged or sealed under Indiana law. A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel.