Fill and Sign the Petition for Writ of Mandamus or Mandate to Compel Court to Expunge Record of Arrest Trial and Conviction Expungement Form

IN THE ___________ COURT OF _________________ (County) , _______________ (State) ________________________ PLAINTIFF (Name of State/Respondent) V. CAUSE NO. ________,_________ ________________________ DEFENDANT (Name of Defendant/Petitioner) Petition for Writ of Mandamus COMES NOW ______________________ (Name of Defendant) , Petitioner in the above-styled and numbered cause, by and through his attorney, and files this his Petition against Plaintiff/Respondent, ________________ (Name of State) , and in support thereof would show unto the Court the following matters and facts: 1. On ________________ (date of arrest) , Petitioner was arrested in ________________ (Name of city) , _________________ (Name of county) , ______________ (Name of state) for (description of crime) _________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________. 2. Petitioner's case for ___________________ (nature of crime) was assigned to (description of court) _________________________________________________________ _______________________________________________________________________, and Judge __________________ (Name of Judge) presided in that court. 3. On _________________ (date of plea) , Petitioner appeared before Judge _________________ (Name of Judge) in the (description of court) ____________________ ____________________________________________________________________________, and entered a plea of guilty for _______________________ (nature of crime) . Judge ______________________ (Name of Judge) accepted Petitioner's plea of guilty and placed Petitioner on probation for one year. 4. Petitioner has successfully completed the probation of one year. 5. On _________________ (date) , Petitioner, in compliance with ____________________ (citation of statute) , filed a Motion for an Order to Expunge Official Records with the Clerk of the (description of court) ______________________________________________________ ____________________________________________________________________________. A copy of the Motion is attached as Exhibit A , and incorporated by reference. 6. Petitioner has met all of the conditions and qualifications specified in _______________ _______________ (citation of statute) , in that: A. More than six months have passed from the time Petitioner was placed on probation by the Court, Petitioner being placed on probation on ________________ (date) , and Petitioner's motion was filed on _________________ (date of motion) ; B. Petitioner applied to the Court which sentenced Petitioner for an order to expunge all official records, the Court which sentenced Petitioner being (description of court) ____________________________________________________________; and C. Petitioner has not been guilty of any offenses or repeated violations of the conditions of Petitioner's probation. 7. On _________________ (date of hearing) , Petitioner's Motion for an Order to Expunge Official Records was heard before Judge ____________________ (Name of Judge) in the (description of court) ______________________________________. 8. Judge __________________ (Name of Judge) found that Petitioner met all of the conditions specified in _____________________ (citation of statute) , and asked that Petitioner's counsel prepare an order to expunge official records for the signature of the Judge. 9. Petitioner's counsel, ______________________ (Name of attorney) , prepared an order that the official records be "expunged and eradicated," but the Judge refused to sign the order as prepared. 10. Judge ____________________ (Name of Judge) added the phrase to the end of the order, "and sealed, to be opened on court order only," and signed the order as changed. A copy of the order as signed is attached as Exhibit B , and incorporated by reference. 11. The Legislature of __________________ (Name of state) used the term "expunge" as it is normally used in the English language in ________________________ (citation of statute) , and intended that the records be physically destroyed. 12. By signing the Order to expunge official records, marked Exhibit B , Judge ________________________ (Name of Judge) has acknowledged that Petitioner complied with ______________________ (citation of statute) , and therefore, Respondent is without further discretion and must comply with ____________________ (citation of statute) by entering an order that all records of Petitioner's arrest, trial, and conviction for ______________ ________________________________________ (nature of crime) be physically destroyed. 13. Petitioner states that time is of the essence in this matter and unless there is an immediate judicial determination issuing an alternative writ of mandamus and thereafter, a peremptory writ is promptly issued by this Court, Petitioner will suffer irreparable harm and damage, in that (description of nature of harm) ____________________________________ ____________________________________________________________________________ ____________________________________________________________________________. WHEREFORE, Petitioner requests that this Court issue a Writ of Mandamus to Respondent and, on a full hearing, that this Court immediately sign and execute an Order to expunge the official court records and thereby order that all records of Petitioner's arrest, trial, and conviction for __________________________________ (nature of crime) be expunged, eradicated, and physically destroyed. Respectfully submitted, ____________________________ (Name of Defendant) By:______________________ (Printed Name of Attorney) _________________________ (Signature of Attorney) Petitioner’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, ___________________ (Name of Attorney) , attorney for Petitioner _____________________ (Name of Petitioner) , have this date served a true and correct copy of the above and foregoing Petition by U.S. Mail, postage fully prepaid, to the following counsel of record for the State: __________________________ (Name of Attorney) Post Office Box _____________ ____________________________________ City, State, Zip Code This the _____ day of ______________, 20_____. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Petitioner’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney) Post Office Box ______-________ ____________________________ City, State, Zip Code Telephone: _______-______-_________