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.
Alabama 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 Code of Alabama 1975, Section 15-27 allows for the expungement of criminal records in certain circumstances. An Alabama court grants expungements, not ALEA. If you have questions regarding the expungement process, please contact your attorney as ALEA cannot provide advice beyond what is offered here.
To expunge a case you must file a petition initiating an expungement in the appropriate Circuit Court and the proper parties must be served. If your petition is defective, you do not attach the proper exhibits, or you do not serve the proper parties, your petition may be denied on procedural grounds.
The Code of Alabama 1975, Section 15-27 allows for the expungement of criminal records in certain circumstances. An Alabama court grants expungements, not ALEA. If you have questions regarding the expungement process, please contact your attorney as ALEA cannot provide advice beyond what is offered here.
These categories of exclusion include: Violent Offenses as defined by Alabama Code Section 12-25-32. Sex Offenses as defined by Alabama Code Section 15-20A-5. Crimes of Moral Turpitude as defined by Alabama Code Section 17-3-30.1. Serious Traffic Offenses as defined by Article 9 of Chapter 5A of Title 32 Alabama Code.
Background: House Bill 229 would prevent sentencing from being enhanced for convictions of nonviolent offenses. Under the current Habitual Felony Offenders Act, sentences must be enhanced when an offender commits a third felony.
Because of this, the Alabama expungement law requires the following: 1) that the case have been dismissed at least two years prior to filing the expungement petition, 2) that the case has not beed refiled, and 3) that the person has not been convicted of any other crime (excluding minor traffic violations) in the past ...
The new law will allow many people with convictions for nonviolent misdemeanors, minor traffic violations and municipal ordinance offenses to apply for expungement. To become eligible, they have to complete probation requirements, pay their fines and fees and wait three years.