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.
South Carolina 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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Misdemeanor Offenses: Convictions for misdemeanors that carry a maximum sentence of 30 days and/or $1000 fine may be eligible for an expungement. You must wait three years and have no other convictions in those three years before applying for the expungement/five years if the conviction is for Domestic Violence.
Pursuant to the South Carolina Code of Laws, a criminal record may only be expunged through an application to the court, which must be signed by a judge. An individual should contact the solicitor's office in the area where the charge originated to seek assistance and obtain an application, which does require a fee.
Not All Convictions Can Be Expunged With the exception of a first offense failure to stop for a blue light, traffic convictions CANNOT be expunged. Fish and wildlife convictions CANNOT be expunged. Convictions for felonies or heinous crimes CANNOT be expunged.
What fees do I pay for an expungement? You must pay a $250.00 administrative fee to the Solicitor's office, a $25.00 fee to the South Carolina Law Enforcement Division (?SLED?), and $35.00 filing fee to the Clerk of Court. You pay the fees with separate money orders when you apply to your Solicitor's office.
A convicted felon can get their gun rights back by expunging their felony convictions, applying for a restoration of gun rights, or requesting a pardon from the governor.
Can You Expunge a DUI in South Carolina? A South Carolina DUI conviction cannot be expunged. Unfortunately, it is on your record for life. This is the case even if you're found not guilty or the charges are dismissed.
Typically, only minor offenses can be expunged. DUIs cannot be expunged. Crimes where you registered for the SC Sex Offenders Registry cannot be expunged. If you have other pending criminal charges that are less than five years old you cannot get an expungement.
There are fees associated with an expungement, except when charges are dismissed or nol prossed (not prosecuted), or when a person is found not guilty. In those cases, the expungement is FREE, unless charges are dismissed in plea negotiations.