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 Dakota 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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South Dakota law allows for expungement of misdemeanors and felonies, as well as drunk driving offenses, provided you are at least 75 years old, or the offense occurred at least 10 years after all conditions of probation have been satisfied, or date of sentencing if no jail time was served.
How long does a DUI stay on your driving record? StateOn record forPoint lengthIowa12 yearsN/AKansasFor lifeN/AKentucky5 years2 yearsLouisiana10 yearsN/A46 more rows ?
Codified Laws § 23A-3-34 authorizes automatic ?removal? from a defendant's public record ?any charge or conviction? resulting from minor misdemeanors and petty offenses after five years if all conditions of the sentence are satisfied and no additional convictions during the waiting period.
Firearms rights are not lost unless a person is convicted of a ?crime of violence? or certain drug felonies, in which case rights are restored automatically fifteen years after completion of sentence. S.D.
A motion for expungement is a civil filing and requires payment of civil filing fees and costs of $70, unless a waiver is granted by the court. SDCL 23A-3-28. Along with the motion, an individual must file a civil case filing statement (?IN THE MATTER OF? Cases) form, which is available on the UJS website.
With the new Minnesota DWI expungement law, gross misdemeanors such as 3rd degree DWI's may be expunged four years after the discharge of the sentence of the crime as long as you have remained law abiding throughout that period.
Removal of a criminal conviction in South Dakota may occur through: Automatic removal pursuant to SDCL 23A-3-34 (see above). Attorney general pursuant to SDCL 23-6-8.1. The S.D. Attorney General is also the Director of the Bureau of Criminal Statistics in South Dakota. ... A Pardon by the Governor (Executive Clemency).
Records relating to misdemeanor offenses can be destroyed by the Bureau of Criminal Statistics 10 years after the date of the final disposition. S.D. Codified Laws § 23-6-8.1.