Maryland 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 Maryland, a Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction is a legal document filed by individuals seeking to expunge their criminal records. Expungement is a process that allows individuals to clear their records and remove any trace of their arrest, trial, and conviction from public access. The Maryland Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction — Expungement is a specific legal remedy available to individuals who meet certain eligibility criteria. It is important to note that there may be different types of expungement petitions in Maryland, depending on the circumstances of the arrest, trial, and conviction. The petitioner must carefully prepare a detailed description of their case, stating the reasons why they believe their record should be expunged. This description should include relevant information such as the date of arrest, charges filed, court proceedings, and final disposition of the case. It is crucial to provide accurate and complete information in order to strengthen the petition's chances of success. Keywords: Maryland, Petition for Writ of Mandamus, Mandate, Compel Court, Expunge Record, Arrest, Trial, Conviction, Expungement. Different types of Maryland Petitions for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest, Trial, and Conviction — Expungement may include: 1. Petty Offense Expungement Petition: This type of petition is applicable to individuals with minor non-violent offenses, such as traffic violations or misdemeanors, that resulted in arrest, trial, and/or conviction. 2. Misdemeanor Expungement Petition: This petition is applicable to individuals who were convicted of misdemeanor offenses and have completed all terms of their sentence, including probation. 3. Felony Expungement Petition: This type of petition is applicable to individuals who were convicted of felony offenses but have met certain criteria, such as completing their sentence, including probation or parole. 4. Juvenile Expungement Petition: The Juvenile Expungement Petition allows individuals who were charged or convicted of offenses as juveniles to have their records expunged once they reach a certain age and meet specific eligibility requirements. Each type of petition may have different requirements and processes, so it is essential for individuals to consult with an attorney or legal professional to understand the specific requirements for their particular situation.

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FAQ

An Expungement is the removal of court and police records from public inspection. This does not include Motor Vehicle Administration records, which may have minor traffic violations, such as a speeding ticket. This process should take no more than 90 days unless there is an objection or an appeal.

Expunged information will not show up in background checks. You are not legally required to tell employers about an expunged record except in certain circumstances not governed by Maryland law.

Generally, you fill out a Petition for Expungement of Records and file it with the court that heard your case. If it has been less than three years from the time your case was concluded, you will also need to file a General Waiver and Release. A filing fee of $30 may apply. This filing fee is not refundable.

No, it's not required to hire a criminal lawyer to file for record expungement in Maryland.

The REDEEM Act of 2023 will allow anyone convicted of a qualifying misdemeanor offense to expunge their record five years after completing their sentence terms. Similarly, those convicted of nonviolent felonies could qualify to request an expungement in only seven years.

In the state of Maryland, a criminal record can generally be expunged if the individual: Receives probation before judgment (not for all offenses) Receives a stet. Receives a dismissal (nolle prosequi)

More info

Jul 12, 2023 — Expungement is a process that lets you ask the court to remove certain kinds of court and police records from public view. Not all criminal ... The filing fee is $30 for eligible guilty dispositions and is nonrefundable, even if denied. The fee is for each case (not for each charge related within a unit ...Filing for expungement of a criminal record in Maryland? Join us for an interactive online class on filling out the Petition for Expungement of Records. Expungement removes information about a case from court and law enforcement records. These videos are an overview of the expungement process in adult court ... An order granting a petition for an expunction of an adult criminal matter has two basic effects. One, it requires deletion of records about the case. Fill and Sign the Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest Trial and Conviction Expungement Form. 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.

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