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

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Multi-State
Control #:
US-02242BG
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Word; 
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Description

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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FAQ

Do I have to pay to seal my criminal record? If you apply through the Minnesota Attorney General's Office and you qualify for expungement you do not have to pay the $300 filing fee to the Court.

This year, the legislature voted to expand the state's expungement law ? and automate it ? in the Clean Slate Act, so that non-violent criminal history no longer prevents people from getting housing or jobs.

Minnesota legislators passed a law in January 2015 that allows offenders to have convictions for a low-level felony, gross misdemeanor, or misdemeanor expunged. The law applies to arrest records maintained by law enforcement agencies. It also covers records kept by other state agencies.

Fill out the online application. Once you apply, the Minnesota Attorney General's Office will review your case and refer your case to the applicable County Attorney's or City Attorney's Office to determine if you're eligible to seal your criminal record.

The act automates expungement for petty- and gross-misdemeanor offenses if the charge has been dismissed or if a person successfully completed a diversion program or stay of adjudication ? a court action that keeps a conviction off your record if you remain law-abiding on probation.

Expungement involves completing court forms, serving them on agencies who have records of your case, filing paperwork with the court, and typically, having a court hearing. The process takes at least 4-6 months. If you do not understand the forms or procedures for expungement, it is a good idea to talk to a lawyer.

Here are some of the most common felony convictions that are not eligible for statutory expungement but may be considered for inherent authority expungement. Felony DWI. Felony Assault. Felony Criminal Sexual Conduct. Felony Burglary. Felony Offenses Requiring Registration. Felony Terroristic Threats. Felony Domestic Assault.

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