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.
Idaho 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 Idaho, a Withheld Judgment is a case resolution whereby the court never enters an Order of Conviction - they "withhold" - meaning the defendant is never actually convicted of the crime. This occurs during the sentencing phase of the case - after the defendant has entered a guilty plea.
While expunging is only possible when an arrest results in no action or a dismissal or charges, sealing a record is possible when the court ?withholds? adjudication. DUI is the only misdemeanor crime in which withholding adjudication is not an option for a judge.
And because Idaho strives for transparency when it comes to access to public records, the short answer is probably forever. As disappointing as this may sound, it doesn't mean you're stuck. There are several things that can be done to ?clean up? a criminal record and help mitigate the life-long consequences of a crime.
In general, you are eligible to have a nonconviction record expunged if the charges were dismissed, you were found not guilty or acquitted, or you were arrested and not charged within one year.
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.
However, in Idaho, if you're convicted of DUI, there is very little chance of your ever getting it expunged. Generally speaking, getting any conviction expunged can be hard. In Idaho, in order to get any criminal charge expunged you must prove that one of the following things apply: You were acquitted of the charges.
To request an expungement an individual must file an Expungement Application with the Idaho State Police. The individual must attach a copy of their acquittal order to their application. Another option in Idaho is deferred sentencing, which is also known as a partial expungement.
However, in Idaho, if you're convicted of DUI, there is very little chance of your ever getting it expunged. Generally speaking, getting any conviction expunged can be hard. In Idaho, in order to get any criminal charge expunged you must prove that one of the following things apply: You were acquitted of the charges.