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.
Utah 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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How to ask to lower your conviction Step 1: File. Fill out this form: Motion to Reduce Conviction Pursuant to Utah Code Section 76-3-402(2) PDF Form | Fillable Form. ... Step 2: Contact the prosecutor. Ask the prosecutor who handled your case if they will agree to the motion. ... Step 3: Wait and respond to any other paperwork.
You aren't facing any other criminal chargesIf you were convicted, then you can have your records expunged after a certain number of years, depending on the severity of the crime: Misdemeanors under the Utah Traffic Code: 10 years. Felonies under the Utah Controlled Substance Act: 10 years. Other felonies: 7 years.
You must first obtain a certificate of eligibility from the Utah Bureau of Criminal Identification (BCI), before filing a petition to expunge records. Your expungement eligibility will be based upon your total criminal history, not just what has been reported to the Bureau of Criminal Identification.
Exclusions: While Utah law allows most types of records to be expunged, due to their nature, certain types of records cannot be expunged under Utah law. These include capital felonies, certain violent felonies, felony automobile homicide, registrable sex offenses, and registrable child abuse offenses.
Pardons are currently granted very infrequently in Utah, so if your firearm rights were taken due to a felony conviction, the easiest and most common way to restore firearms in Utah is via expungement.
Individuals who were acquitted of charges, have cases dismissed with prejudice, or have conviction records that meet the definition of ?clean slate eligible? under the statute will benefit from automatic expungement under Utah's Clean Slate law.