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.
New Mexico 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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Additionally, you cannot expunge a DUI from your criminal record in New Mexico, unlike some other convictions. Some non-convictions, like dismissals or acquittals, can be expunged from your record under certain circumstances. Contact our office today to discuss your options.
In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.
3rd-degree felony convictions: Six years from the end of the sentence. 2nd-degree felony convictions: Eight years from the end of the sentence. Any crime of domestic violence, including misdemeanors, and 1st-degree felony convictions: Ten years from the end of the sentence.
Here are the eight steps to apply for expungement: Locate your records. ... Complete the appropriate forms. ... Review each court case. ... Attach arrest records, court records, and sentencing records to your petition. ... Make copies of everything. File the Petition with the district court. ... Pay the $132.00 fee.
Ann. § 30-7-16(A)), a felon's right to possess firearms is restored after the passage of 10 years following completion of the imposed sentence. The rights to vote and serve on a jury are restored by operation of New Mexico law after service of the entirety of the sentence imposed for a felony conviction.
For each record you wish to expunge, you need to file the appropriate Petition to Expunge, Notice of Hearing, and Order on the Petition to Expunge. All of these forms can be found on the New Mexico Court website here: New Mexico Court Expungement Forms. Review each court case.
Felonies could theoretically remain on your record for a lifetime in New Mexico. However, some felony records are expungable or sealable, but state laws require you to make a petition the court for expungement, typically after waiting for significant periods post disposition or final order.
In New Mexico, a felony is defined as any crime defined by law or conviction for a sentence of death or imprisonment for one year or more. There are five types of felonies in New Mexico. These categories can be broad and differ slightly from other state jurisdictions.