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.
Virginia 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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The filing fee is $98 (includes service fee). Fees must be paid by cash, certified check, money order or personal check (no starter checks will be accepted). Checks and money orders may be made payable to "Clerk of Circuit Court." Credit cards will not be accepted for the filing fee of the petitions for an expungement.
To have your record expunged, a petition must be filed in the Circuit Court of the jurisdiction where you were originally charged. You will need to be fingerprinted, and there is a waiting period.
The process can be difficult and because it requires filing a petition in circuit court, many applicants find it helpful to work with a Virginia expungement lawyer who can advise them as to whether they may qualify for an expungement and who will advocate appropriately on their behalf to help achieve the desired ...
Misdemeanor conviction records may be automatically sealed seven years after a conviction as long as specific criteria are met. First, you must not be convicted of a separate crime that is ineligible for automatic expungement at the same time as the misdemeanor.
Expungement in Virginia is very limited because it requires innocence. That means only "not guilty" or "nolle prosequi" dispositions, and dismissals, are eligible for expungement. If you accepted a plea bargain, or you pleaded "no contest," that charge cannot be expunged.
In 2021, the Virginia General Assembly passed a new law that will greatly expand eligibility for record sealing. Non-convictions, many misdemeanor convictions, and some felony convictions will be eligible for sealing, and some of these records will be automatically sealed instead of the typical court process.
The current expungement process in Virginia requires the individual charged with the offense to file a petition and fingerprints with the circuit court, pay a filing fee, and possibly attend a hearing on the matter.