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.
Louisiana Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement
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Louisiana Laws - Louisiana State Legislature. Upon the filing of a petition for a writ of mandamus, the court shall order the issuance of an alternative writ directing the defendant to perform the act demanded or to show cause to the contrary.
The filing costs of expungements generally range from $550 to over $700, depending on whether a DWI is involved and whether a prior conviction must be converted to an 893/894 acquittal before the expungement can go through.
How long does a DUI stay on your driving record? StateOn record forPoint lengthLouisiana10 yearsN/AMaineFor life1 yearMaryland5 years3 yearsMassachusetts10 years6 years46 more rows ?
Once expunged, such records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in exceptional circumstances which normally require a court order or statutory authorization.
Louisiana Code of Criminal Procedure § 977. D. (2) provides that expungement of a misdemeanor OWI, DUI, or DWI offense can occur only once during a ten-year period. Louisiana Code of Criminal Procedure Article 972, et seq.
About the Expungement Process Guide This guide provides a non-specific overview of the expungement process. While an attorney is not needed to obtain an expungement, the help of a lawyer or someone who has experience guiding others through the process is recommended. Talk to a lawyer if you think you need the help.
What Felonies Cannot Be Expunged in Louisiana? Most sex crimes including rape, sexual battery, any indecent behavior with a juvenile, sexual abuse to an animal, sex trafficking, prostitution, giving someone HIV or AIDS without their knowledge, etc. Kidnapping or aggravated kidnapping.
How Do I Apply for Expungement? Get the correct forms. ... Complete the required forms and collect the necessary documents. ... File your petition for expungement with the court clerk. ... Pay the $550 fee. ... Wait about 60 days after you file for any response. ... Notify any private background check companies about your expungement.