Expungement! Now what?

[bug]

Originally Posted by Lucky111

On 6 Feb. 09, had record expunged, the charge (M1) gambling charge for video poker machine twenty some years ago.

My question is how long must I wait to get permit to carry or buy more firearms? Thank You:

A little more info needed. Are you saying that a judge in the county where you commited the crime issued an expungement order?

If so, you or your attorney must/should send copies of the order to all PDs involved ie Twnshp, County, State, Fed. They should reply that all records have been expunged. Once this is accomplished you will be good to go.

Was it a state crime punishable by more than 2 yrs? What was the basis for expungement order? Gov Pardon?

[jerkin]

It takes 8 months for the State police to actually take it off your record, I know because I just did it last year. I think it's bullshit since it says right on the judges order that within 30 days all agencies involved shall submit an affidavit stating that all records of the case have been expunged.

They all did it except for the psp but the clerk of courts told me ahead of time that it would be 6-8 months before it would be final. I'm not saying that you couldn't make a purchase right now but I will guarantee you that it will get flagged and a lot of gun shops get pissed about that, one place I saw even had a sign that said $50 charge for a denial. Good luck with whatever you do.

[ungawa]

Originally Posted by XD45

A guy that works for me got denied for an open container citation he had in Florida 25yrs prior. It's crazy and most folks won't fight it.

I was driving around legally with a keg in the trunk and tap line feeding plastic cups for the people in the car only 20 years ago in Delaware. Driver sober. Also drinking in the truck in Colorado, legal. Driver sober.

[ErSwnn]

Not to disparage your friend but there may be something more to the story. I lived in Florida for 14 years, moved there in '79. Open container by the driver was legal. Yeah, you could drink a beer while driving. They had drive-thru bars.....triple shot in a plastic cup and a beer, no problem. 10 pack of tacos and 2 32 oz. drafts at Taco Bell (was called Taco Viva back then). I admitted to drinking several times during stops and was allowed to leave. The place was nuts.

[ErSwnn]

Lucky, for 10 bucks you can do a PSP background check on yourself. Their website explains how and it's easy. Might be a good way to see if your clear or not without feeling like a fool and a gunshop counter.

[Lucky111]

Originally Posted by bug

A little more info needed. Are you saying that a judge in the county where you commited the crime issued an expungement order?

If so, you or your attorney must/should send copies of the order to all PDs involved ie Twnshp, County, State, Fed. They should reply that all records have been expunged. Once this is accomplished you will be good to go.

Was it a state crime punishable by more than 2 yrs? What was the basis for expungement order? Gov Pardon?

Yes the judge in the county I was orginally sentenced in issued the expungment order, this is the same judge who gave me the orignal sentence. My lawyer sent copies out, where he could not hand deliver as soon as the orignal was signed.

The charge was a Misdemeanor 1. which is up to five years. The charge was for having a video poker machine in a restaurant tavern we owned at the time. The DA of Lycoming county and his friend had been in the tavern with thier female pick-up a few nights prior to the raid. They didn't know how to act and were told to leave , I'am sure this had nothing to do with it, aw sure.
Every bar in Lycoming county at the time had poker machines, I belive I was the only one ever charged.

The expungment was granted because of age and no new charges in the last 10 years.

[GunLawyer001]

Originally Posted by Lucky111

Yes the judge in the county I was orginally sentenced in issued the expungment order, this is the same judge who gave me the orignal sentence. My lawyer sent copies out, where he could not hand deliver as soon as the orignal was signed.

The charge was a Misdemeanor 1. which is up to five years. The charge was for having a video poker machine in a restaurant tavern we owned at the time. The DA of Lycoming county and his friend had been in the tavern with thier female pick-up a few nights prior to the raid. They didn't know how to act and were told to leave , I'am sure this had nothing to do with it, aw sure.
Every bar in Lycoming county at the time had poker machines, I belive I was the only one ever charged.

The expungment was granted because of age and no new charges in the last 10 years.

I have bad news. Sorry.

Judges do this sort of thing from time to time, but don't expect the PSP to honor it, because it sounds like the judge exceeded his authority under PA law. They will challenge it in court, and win.

You mention "sentencing", which means it's a conviction, not just an arrest. From your profile, you aren't age 70 or older, and you don't write like you're deceased. Here's a link to a case involving a summary offense expungement petition, followed by the text of the statute:

http://www.lycolaw.org/cases/opinion...ell061107K.pdf

§ 9122. Expungement


(a) Specific proceedings.--Criminal history record information shall be expunged in a specific criminal proceeding when:

(1) no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement;

(2) a court order requires that such nonconviction data be expunged; or

(3) a person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) petitions the court of common pleas in the county where the conviction occurred seeking expungement and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed pursuant to section 6310.4 (relating to restriction of operating privileges). Upon review of the petition, the court shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation relating to said conviction.

(b) Generally.--Criminal history record information may be expunged when:

(1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or

(2) An individual who is the subject of the information has been dead for three years.

(b.1) Prohibition.--A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 5902(b) (relating to prostitution and related offenses).

Section 5903 (relating to obscene and other sexual materials and performances).

(c) Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. Such information shall be used solely for the purpose of determining subsequent eligibility for such programs and for identifying persons in criminal investigations. Criminal history record information may be expunged as provided in subsection (b)(1) and (2). Such information shall be made available to any court or law enforcement agency upon request.

(d) Notice of expungement.--Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.

(e) Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

(f) District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).

[CoyoteJack]

Originally Posted by eXceLon

It's absurd to me that this kind of crime is sufficient to revoke someone's second amendment rights in the first place.

I think most of us will agree that it's reasonable to limit the gun rights, temporarily or permanently, of certain classes of criminal offender... but a gambling charge?

I got turned down by PICS once for an old traffic fine that slipped through the cracks. All I had to do was pay the old ticket to clear things up.

[Lucky111]

Originally Posted by GunLawyer001

I have bad news. Sorry.

Judges do this sort of thing from time to time, but don't expect the PSP to honor it, because it sounds like the judge exceeded his authority under PA law. They will challenge it in court, and win.

You mention "sentencing", which means it's a conviction, not just an arrest. From your profile, you aren't age 70 or older, and you don't write like you're deceased. Here's a link to a case involving a summary offense expungement petition, followed by the text of the statute:

http://www.lycolaw.org/cases/opinion...ell061107K.pdf

§ 9122. Expungement

(a) Specific proceedings.--Criminal history record information shall be expunged in a specific criminal proceeding when:

(1) no disposition has been received or, upon request for criminal history record information, no disposition has been recorded in the repository within 18 months after the date of arrest and the court of proper jurisdiction certifies to the director of the repository that no disposition is available and no action is pending. Expungement shall not occur until the certification from the court is received and the director of the repository authorizes such expungement;

(2) a court order requires that such nonconviction data be expunged; or

(3) a person 21 years of age or older who has been convicted of a violation of section 6308 (relating to purchase, consumption, possession or transportation of liquor or malt or brewed beverages) petitions the court of common pleas in the county where the conviction occurred seeking expungement and the person has satisfied all terms and conditions of the sentence imposed for the violation, including any suspension of operating privileges imposed pursuant to section 6310.4 (relating to restriction of operating privileges). Upon review of the petition, the court shall order the expungement of all criminal history record information and all administrative records of the Department of Transportation relating to said conviction.

(b) Generally.--Criminal history record information may be expunged when:

(1) An individual who is the subject of the information reaches 70 years of age and has been free of arrest or prosecution for ten years following final release from confinement or supervision; or

(2) An individual who is the subject of the information has been dead for three years.

(b.1) Prohibition.--A court shall not have the authority to order expungement of the defendant's arrest record where the defendant was placed on Accelerated Rehabilitative Disposition for a violation of any offense set forth in any of the following where the victim is under 18 years of age:

Section 3121 (relating to rape).

Section 3122.1 (relating to statutory sexual assault).

Section 3123 (relating to involuntary deviate sexual intercourse).

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 5902(b) (relating to prostitution and related offenses).

Section 5903 (relating to obscene and other sexual materials and performances).

(c) Maintenance of certain information required or authorized.--Notwithstanding any other provision of this chapter, the prosecuting attorney and the central repository shall, and the court may, maintain a list of the names and other criminal history record information of persons whose records are required by law or court rule to be expunged where the individual has successfully completed the conditions of any pretrial or post-trial diversion or probation program. Such information shall be used solely for the purpose of determining subsequent eligibility for such programs and for identifying persons in criminal investigations. Criminal history record information may be expunged as provided in subsection (b)(1) and (2). Such information shall be made available to any court or law enforcement agency upon request.

(d) Notice of expungement.--Notice of expungement shall promptly be submitted to the central repository which shall notify all criminal justice agencies which have received the criminal history record information to be expunged.

(e) Public records.--Public records listed in section 9104(a) (relating to scope) shall not be expunged.

(f) District attorney's notice.--The court shall give ten days prior notice to the district attorney of the county where the original charge was filed of any applications for expungement under the provisions of subsection (a)(2).

Date of birth:11 11 38 A funny thing, after the conviction on gambling charge we had a breakin, a 357 S&W, in my name was taken. Individual caught, serial # ground down on pistol, PSP send firearm away to raise numbers, six-eight months later return it to me. I never had any idea I was not to have or own firearms.

[GunLawyer001]

Originally Posted by Lucky111

Date of birth:11 11 38 A funny thing, after the conviction on gambling charge we had a breakin, a 357 S&W, in my name was taken. Individual caught, serial # ground down on pistol, PSP send firearm away to raise numbers, six-eight months later return it to me. I never had any idea I was not to have or own firearms.

Cool, you slipped in by 3 months. Hardly anybody does, that minimum age of 70 weeds out most of the folks. Congrats, both on not being dead, and on getting one of the few valid non-pardon expungements.

You'll want to make sure the PSP gets a copy (you should mail it to the new head of the PSP), and it wouldn't hurt to send a copy of your birth certificate just to prevent them from assuming that it's another invalid order.