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.
West 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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FAQ
West Virginia is one of several states with a so-called ?second chance? law. It lets people with a felony criminal record appeal to a judge to reduce their charge to a misdemeanor.
Records cannot be expunged, even with a pardon, for first degree murder, treason, kidnapping, or sexual offenses. W. Va. Code § 5-1-16A(e).
If a convicted felon seeks to restore gun ownership rights, the court must find them competent, as well as capable, of exercising those rights responsibly.
Under West Virginia Code §61-11-26, only non-violent felony convictions may be expunged. An individual may petition the Court five (5) years after the completion of any sentence of incarceration and completion of supervision in the circuit court in the county where the conviction or convictions occurred.
A criminal record is permanent unless it is legally removed through an expungement or pardon. Once an entry is made on a person's criminal record, that entry will stay on their official criminal record forever unless legal steps are taken to remove it.
Someone can always be charged with murder, for example, no matter how many years have passed since the crime occurred. While this is standard throughout the country, in West Virginia, there is no statute of limitations for any felony whatsoever. You can always be charged with this crime.
Under West Virginia Code §61-11-26, only non-violent felony convictions may be expunged. An individual may petition the Court five (5) years after the completion of any sentence of incarceration and completion of supervision in the circuit court in the county where the conviction or convictions occurred.