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.
Oklahoma 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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FAQ
Violent felonies cannot be expunged, and there are some non-violent felonies that will not be eligible either. Depending on the felony the person was convicted of, it may be changed to a misdemeanor, which would mean they can have it expunged.
The new law was signed on the 2nd of May, 2022. This new law makes the expungement process possible for all misdemeanors, and a number of non-conviction felony criminal records.
Here are the eight steps to apply for expungement: Go to the court in the county where you were charged. Ask the clerk for a petition to expunge. Complete the petition to file it with the court. Pay the filing fee. Get a hearing date from the court clerk.
Expunging your arrest record requires paying a $150 processing fee. It may also require fees be paid to local law enforcement agencies expunging their records. The OSBI accepts cashier's checks or money orders. Personal checks WILL NOT be accepted.
In general, you are eligible to have a record expunged if no charges were filed, the charges were dismissed, the charges were deferred and dismissed, you were found not guilty, or you were pardoned. You cannot expunge a record if you have charges pending for either a misdemeanor or a felony.
File a request (petition) at the court clerk's office in the county where the charges were filed. The clerk will give you a hearing date. Before the hearing, you must serve a copy of your petition to the district attorney or prosecutor, the agency that arrested you, and the OSBI.
