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.
North Carolina 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 are charged with a felony in NC, you are eligible for a dismissal or a non-guilty verdict. However, if your case results in a conviction, the wait period depends on the charge and your age. Violent felony convictions are typically never eligible for expungement.
You can file for an expunction on your own, but an attorney can help you by assessing your eligibility, making sure you include all necessary documents, guiding you through the process, and representing you in a hearing, if needed.
For some types of expungements, there is no filing fee. For example, if the charges were dismissed by the court without a deferment, or if you were found not guilty there is no filing fee. For other expungements, the courthouse will charge a filing fee of $175.00.
Do I need a lawyer to expunge my record? You need a lawyer to expunge a charge. While a lawyer is not required in NC, the expungement process is lengthy and extremely complicated. To file, you must do so under the applicable statute, using the correct AOC form, fill it out and potentially go to Court.
If your misdemeanor is considered violent, it may not be expunged ing to North Carolina law. If you were a minor when you committed the offense, there might be a chance for expungement.
New Expungement laws in NC Reduce the wait period to expunge certain misdemeanor convictions from 15 years to 5 years. Reduce the wait period to expunge certain felony convictions from 15 years to 10 years. Law enforcement and prosecutors will now have access to expungement records under this new law.
Is there a fee for expungements? There is a $175 filing fee for certain expungements. Please see below for information on which expungements require this filing fee. You can file a fee waiver form with the court if you meet certain criteria.
Violent misdemeanors (assault with a deadly weapon, child abuse, and others), Class A felonies (murder and others), and felonies requiring sex offender registration (sexual battery, human trafficking, incest, and more), are among those that are never eligible for expunction in North Carolina.