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.
Wisconsin 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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In Wisconsin, a Class D felony stays on your record for life. It can never be expunged. You may also have some civil rights restricted. If the maximum punishment for your crime as over 6 years, you cannot apply to have your record sealed.
A Class I felony stays on your record for life. In Wisconsin, a court may expunge your charge if you were under the age of 25, the maximum punishment for the crime was less than 6 years and you successfully completed the terms of your sentence.
Some felonies are eligible to be expunged if the defendant was under 25 at the time of conviction, has completed the sentence, and served less than six years in prison. These include charges like drug possession or theft. If the felony was violent or if the defendant has a prior record, charges cannot be expunged.
If you were not sentenced to jail, prison, or probation and you had to pay a fine or restitution, you must ask the court to expunge the record. Use Circuit Court Form CR-266 to apply. To access the form, visit the Wisconsin Court System Website here: Wisconsin Court System Circuit Court Form.
Eligibility for Expungement in Wisconsin Conviction was for a misdemeanor or nonviolent felony. You were under 25 years of age at sentencing. Sentence was successfully completed. At sentencing, the court decided to expunge.
The Wisconsin firearm possession law prohibits a person who has been convicted of a felony from possessing a firearm unless a specific exception applies. The firearm possession statute does not contain an exemption for felony convictions for which the record was expunged.
The bill also allows the sentencing court to order that a person's record not be eligible for expungement. The bill also provides that, if the sentencing court did not order the record expunged, the person may file a petition with the sentencing court after he or she completes his or her sentence.