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

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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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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

Crimes Ineligible for Expungement Assault, kidnapping, sexual offenses, and crimes involving minors typically have longer sentences and are ineligible for expungement, ing to Act 56 ? PA General Assembly. Even if you have a conviction that is eligible for expungement, your personal history can disqualify it.

Expungement/Limited Access Petitions and Orders are filed with the Clerk of Court Office. There is a $155.00 non-refundable filing fee for expungement petitions filed at existing Court of Common Pleas dockets.

Expungement or Sealing a Record in Pennsylvania With sealing, technically called an Order for Limited Access in Pennsylvania, the record still exists but it is not publicly accessible. If a record is expunged, then no record should exist, and people cannot see or find a record that does not exist.

You were found guilty of the summary offense, 5 years have passed, you have paid the court costs and fines, and you have remained arrest-free. A Court of Common Pleas judge found you not guilty of the summary charge after a summary appeal hearing.

To obtain an expungement or limited access order, you must petition for the relief in the court of common pleas for the county in which you were cited or arrested. The Administrative Office of Pennsylvania Courts has blank forms available.

The new Clean Slate bill expands eligibility for sealing by: making drug felonies eligible for Clean Slate automated sealing after 10 years, making some property-related felonies eligible for sealing after 10 years, and shortening sealing waiting periods for misdemeanor and summary convictions.

In order for a person to seal their record in Pennsylvania, the must meet the following requirements: The record they wish to seal is for a 2nd or 3rd-degree misdemeanor, or an ungraded misdemeanor. They have remained free of any arrest, conviction or any other criminal proceedings for a period of at least 10 years time.

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