Legal question about expungement

[jerkin]

I have a question that I'm hoping someone here may have an answer to. I filed for an expungement for a non-prohibiting offense from 20 years ago just to make the LTCF application a bit easier. On March 3, 2008 I received a letter from the courthouse, signed by a judge, stating that the petition for expungement was granted and that all agencies listed have 30 days to issue an affidavit certifying all records in their posession pertaining to the case have been expunged and destroyed.

Now for the problem. I stopped at the courthouse this morning to see if everything had been taken care of and someone in the clerk of courts informed me that they have not received a response from the PSP and that the case would probably still show up on a records check. I asked her if this wasn't a case of directly disobeying a court order and she said it was but they did it all the time, sometimes taking up to a year to respond. She even went on to say that if it was her or me failing to respond either one of us would be in jail.

I did some reading on this site when I got back and saw a few statements about the PSP taking a long time or even refusing to expunge but no actual cases. Does anyone have any experience with this or know of an actual case where the PSP refused to do an expungement after a court order? What options do I have? I'm sure the DA would laugh me out of the office if I asked them about filing charges for disregarding a court order.

Thanks for any insight.

[knight0334]

It does happen all the time. Even the FBI is quite slow about updating your file - they will if you contact them directly.

The PSP is a turd about that. And the only thing you can do is a follow up lawsuit against them if they dont comply. ...which they may ignore as well.