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.
Nevada 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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Nevada law does not support expungement of records. Sealing accomplishes much the same process and the effect is the same in regard to employer and other types of background checks. The sealing of a record makes the record unfindable except in certain well-defined instances and only to a very limited number of people.
A person may not petition the court to seal records relating to a conviction of: (a) A crime against a child; (b) A sexual offense; (c) A violation of NRS 484C. 110 or 484C.
Expungement of Nevada DNA Records In addition, the statute allows a person to submit a written request to the Central Repository for expungement of a DNA record resulting from a felony arrest under the following circumstances: Reversal of the conviction and dismissal of the case. Dismissal of the felony charge.
$74-$270 for various court filing fees, and this could be more depending on the jurisdiction.
The new law, referred to by its sponsor as the Nevada Second Chance Act, requires the person convicted of the offense to send a written request to the court which originally convicted them, requesting the sealing. If the prosecuting attorney has no objections to the sealing, the court will grant the request.
Category 'B', 'C', and/or 'D' Felonies have a waiting period of 5 years. Category 'E' Felonies have a waiting period of 2 years. Enhanceable Misdemeanors (including non-Felony DUI and non-felony Battery Domestic Violence (DV)) have a waiting period of 7 years.
How much does it cost to get a record seal in Nevada? The process of getting a criminal record seal in Nevada amounts to around $150 total if you do not use an attorney.
Misdemeanors: Someone with a non-violent misdemeanor conviction in Nevada can petition to have their record sealed one year after they were released from incarceration or one year from the end of a suspended sentence.