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.
Kentucky 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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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.