302 Expungement Timeline

[17glock17]

I have searched the forums here and they have been rather helpful regarding this topic, however as far as the time line of the actual process from start to finish (without any financial hold ups) it is unclear to me how long this takes. I already have an attorney working for me but his real expertise is in criminal charge related expungements (the closest I got to a timeline thus far was "it shouldn't take that long, it is not that difficult of a process."

I am not sure how relevant this is but just in case- I was 302'd twice by the police in a 2 week span, My first 302 I was in the hospital less than 24 hours as I was able to sign myself out the next morning. My second 302 I was not so lucky- I went to mental health court in the hospital and was sentenced to up to 20 days. This occurred in Philadelphia. In addition- all my firearms along with my carry permit were confiscated. So my secondary question is when will I be aloud to obtain another permit in Phila? My logic is- since the 302 record is expunged that the rules surrounding license revocation need not apply, but I am not sure.

Could any one familiar or with first hand experience chime in on the time table I am looking at here.
Thanks a lot.

[17glock17]

Anybody?

Gunlawyer, Chazman, skyjerk still around? You guys seemed to have great insight on the matter in other threads.

[GunLawyer001]

The terminology is important if you want to get the procedure right. You need a "restoration of rights" plus an expungement, it's not at all the same as expunging an arrest or obtaining a pardon.

And you were not "sentenced" to 20 days, it's not a punishment for bad behavior, it's a period of time that they think they need to check you out; and it sounds like you were bumped up from a 302 to a 303 or 304, which may be problematic; I hope your lawyer has the paperwork and knows what he's doing.

[17glock17]

Thanks for the response. You are correct in that after I saw the judge in mental health court the 302 was then a 303. I only called it a sentence because i was ordered to stay up to 20 days, could be shorter, but could not be longer unless they brought me back to mental health court and held me under a 304 for 90 days.

In any event- could you explain in a little more detail what the restoration of rights process is and if it can be done simultaneously with the expungement?

Also assuming that their are no hold ups (aka lawyer working diligently on the case) is their a time frame that I am looking at for the whole process to be complete? (expungement and restoration)

(I do plan to keep asking him how long it takes but since this will be his first time doing it, I have been cutting him some slack with the ambiguous answers such as "shouldn't take too long")

[antivenom28]

How did your 302 case went I'm in the middle of mine

[GunLawyer001]

As a result of two cases that failed in Superior Court recently (one by a "famed 2nd amendment lawyer"), you now can't get an expungement of a 302 that was properly done. You can get state rights restored, but there's literally no mechanism for removing the record of a valid 302, or for restoring your federal gun rights.

It will take a change to the Pa statutes, authorizing judges to order the expungement.

This has been covered in other threads.

[antivenom28]

But having the 302 questin in the fitst place can still work if not then whats the point of trying anymore I just don't know anymore so I can grt it removem state level and get my guns back but if I moved to an anothet state I can't keep my guns

[sgklinger]

PA is under Federal jurisdiction so you would not get to keep your guns in this or any other state. The only way, from my understanding, is to prove to the court that the 302 was unjustified to begin with. If you cannot, there is no relief or recourse.