Kentucky Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement

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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.

In the state of Kentucky, individuals who seek expungement of their criminal records can file a Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction. Expungement refers to the legal process where certain criminal records are sealed or erased, providing individuals with a fresh start. This petition serves as a formal request to the court, urging them to take action and expunge the relevant records. By expunging these records, individuals can alleviate the negative consequences that arise from having a criminal history, such as difficulties in obtaining employment, housing, and professional licenses. Kentucky recognizes different types of petitions for expungement, depending on the nature of the criminal offense and the specific circumstances. Some common types include: 1. Felony Expungement: This type of petition is applicable for individuals who have been convicted of a felony offense, but have maintained a clean record for a specified period of time, typically five years. It allows individuals to have their felony conviction and associated arrest records expunged. 2. Misdemeanor Expungement: This petition is for individuals who have been convicted of misdemeanor offenses and meet the criteria for expungement. Like the felony expungement, it requires a clean record for a certain period, typically five years, to qualify for the removal of the conviction and arrest records. 3. Juvenile Expungement: This type of expungement is specifically tailored for individuals who were charged with crimes as minors. It allows for the sealing or removal of certain records related to the juvenile offense, providing individuals with a chance to overcome the negative impact of their past actions. It is important to note that eligibility for expungement varies depending on the specific offense, the individual's criminal history, and the applicable laws in Kentucky. Therefore, it is crucial for individuals seeking expungements to consult with an experienced attorney who can guide them through the process and determine their eligibility. By filing a Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction, individuals in Kentucky have the opportunity to seek relief from the burdens associated with a criminal record. Expungement offers them a chance to rebuild their lives, restore their reputation, and move forward with a clean slate.

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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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If you were charged with a felony in district court and have not been indicted, you can file to ask for an expungement after 6 months. There is no filing fee. You fill out a Petition for Expungement ( ) in the court where your case was dismissed.

KRS 431.073. Information regarding the expungement order shall be retained by the Administrative Office of the Courts and will be accessible for the purpose of preparing an expungement eligibility certificate. The prosecutor is permitted to retain a nonpublic record for law enforcement purposes only.

If you obtain a pardon for your conviction by the Kentucky Governor or President of the United States, your firearm rights may be restored. Under the new expungement laws, those convicted of Class D felonies may be eligible for restoration of firearm rights.

Expungement Costs If the charge was dismissed or found not guilty, there are no additional court costs. If you are attempting to expunge a misdemeanor conviction, all Kentucky Courts charge $100.00. If you are attempting to expungement a felony conviction, all Kentucky Courts charge $500.00.

Misdemeanor: Eligible for expungement after 1-year. There is no filing fee. File the Dismissal Form in the court of dismissal. Felony: Eligible for expungement after 3-years.

Timeline to File for Felony Expungement An application cannot be filed sooner than five (5) years after the completion of the person's sentence or five (5) years after the successful completion of the person's probation or parole, whichever occurs later.

The law specifically excludes expungement for any violent crimes, sexual offense or for any crimes against children or public corruption.

Ing to the Clean Slate Act, the Kentucky State Police and the Administrative Office of the Courts would identify eligible convictions for expungement. After compiling a list, the Administrative Office of the Courts will inform the original jurisdiction courts of which convictions qualify for sealing.

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Complete the AOC legal form Application to Vacate and Expunge Felony Conviction and file the form with the Office of the Circuit Court Clerk in the county ... This Application is filed no sooner than five years after completion of the Defendant's sentence or successful completion of the Defendant's probation or parole ...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. Fill and Sign the Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest Trial and Conviction Expungement Form. The petition for writ of mandamus or mandate to compel court to expunge record of arrest trial and conviction expungement form isn't an exception. Handling it ... Expungement is the path to removal of old misdemeanors and Class D felonies from the records of Kentuckians, giving them access to jobs, housing, ... [A] fter exhausting his available state court remedies, petitioner filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. §2254 in this court. Expungement Certification Process. State law requires a certificate of eligibility be included with a petition for expungement of criminal conviction. by C Lollar · Cited by 6 — courts grant writs of mandamus to expunge a person's criminal record- state or federal convictions,381 and the federal statutory scheme provides little ... Case opinion for KY Supreme Court FLYNT v. COMMONWEALTH. Read the Court's full decision on FindLaw.

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Kentucky Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction - Expungement