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.
New York 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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People are eligible if they have been crime-free for at least 10 years since their conviction and/or release and have only two (2) convictions on their criminal record. If they have more than two (2) convictions, they may still be eligible if the convictions are related to the same one or two incidents.
Once a conviction is sealed, your conviction will not be available to public or private who perform employment-related criminal background checks. The exceptions to this rule are if you are applying for a job as a police officer or peace officer, or if you are applying to join the military.
For better or worse, the fact is that in the state of New York, you cannot expunge your criminal record. A record that is "expunged" is permanently erased. However, you can "seal" your criminal record in New York, which means it will become invisible to the public.
Except for some marijuana crimes, New York has no laws to erase or ?expunge? criminal records. New York uses a process called sealing for some cases.
An eligible person must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place. A judge then decides whether the person should be granted an Expungement Order.
A (writ of) mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. See e.g. Cheney v. United States Dist.
Most attorneys charge $2,000 to $5,000 for these services, and they often take more than a year to complete. The best way to see what you are eligible for is to take our free online eligibility test. Only in very limited circumstances does the state of New York provide for expungement of someone's criminal record.