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.
Oregon 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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An individual eligible for expungement may petition the Oregon court where the case was originally disposed. An expungement may be sought for an arrest or conviction. It is not a requirement to contract the services of an attorney as the expungement process is not complicated. However, the process may take time.
Clearing Your Oregon Criminal Record Your Eugene attorney can expunge a crime anywhere in the state of Oregon with no travel fees required. It typically costs between $750 to $1000 plus filing fees and the fingerprint card.
New Eligibility Timelines Classification of CrimeWaiting PeriodClass B Felonies (non-Person Only)7 YearsClass C Felonies5 YearsClass A Misdemeanors3 YearsClass B & C Misdemeanors, Violations, and Contempt of Court1 Year1 more row
This includes a $33 background check fee to the Oregon State Police and attorney's fees of $767. The cost to expunge a prior arrest that did not result in a conviction is $700.
The process is not complicated, but it is lengthy. You are not required to hire an attorney for the process of filing a motion to set aside (expunction): ORS 137.225. Court staff is prohibited by law from giving you advice on legal matters, including how to fill out the motion and affidavit.
The PCC Legal Resource Center provides free expungement services, currently accessed by less than 7% of eligible Oregonians. Criminal record expungements offered through the Center can immediately lift some of the weight of having a criminal history, and allow more full participation in society.
Here they are: Criminal Mistreatment in the First Degree (certain cases) The victim was 65 years or older at the time you committed the crime. The offense constitutes child abuse under Oregon law. Assault in the Third Degree if the victim was a child 10 years old or less.