Pennsylvania Firearm Owners Association
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  1. #1
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    Jan 2009
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    Brownsville, Pennsylvania
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    Default 302 Expungement -- Please Help

    After failing a PICS instant check a few month backs, I filed a challenge with the state police regarding a two doctor 302 that happened back in 2007. Long story short, the transcript for the 303 hearing clearly stated that the 302 was dismissed and the 302 withdrawn, however after talking with legal aid in Harrisburg, I came to find out that it doesn't matter what's in the transcript. After the initial 302 is submitted the day of involuntary commitment, that's it.

    So there's a pressing need for me to get the damn thing expunged. However, after consulting three attorneys, public defenders and legal aid in two counties, I'm nowhere closer to filing a petition than I was last month. No one seems to know what the process is for filing a petition to have the records expunged. I've never heard a lawyer not want to take my money. This is quite odd. I've read the legislation, but have no idea what forms need to be submitted to who, what kind of evaluation I need to have, etc.

    Even a starting point would be greatly appreciated. If I could just find out the process for Allegheny county, I'm sure I could do most of the work myself. It's just that there is no information to be accessed to illustrate the steps that need to be taken.

    Thomas

  2. #2
    Join Date
    Dec 2006
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    Bucks, Pennsylvania
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    Default Re: 302 Expungement -- Please Help

    Quote Originally Posted by trates View Post
    After failing a PICS instant check a few month backs, I filed a challenge with the state police regarding a two doctor 302 that happened back in 2007. Long story short, the transcript for the 303 hearing clearly stated that the 302 was dismissed and the 302 withdrawn, however after talking with legal aid in Harrisburg, I came to find out that it doesn't matter what's in the transcript. After the initial 302 is submitted the day of involuntary commitment, that's it.

    So there's a pressing need for me to get the damn thing expunged. However, after consulting three attorneys, public defenders and legal aid in two counties, I'm nowhere closer to filing a petition than I was last month. No one seems to know what the process is for filing a petition to have the records expunged. I've never heard a lawyer not want to take my money. This is quite odd. I've read the legislation, but have no idea what forms need to be submitted to who, what kind of evaluation I need to have, etc.

    Even a starting point would be greatly appreciated. If I could just find out the process for Allegheny county, I'm sure I could do most of the work myself. It's just that there is no information to be accessed to illustrate the steps that need to be taken.

    Thomas
    Contact attorney Jon Pushinsky in Pittsburgh, he's extremely knowledgeable about this specific area.

  3. #3
    Join Date
    Oct 2007
    Location
    East Stroudsburg, Pennsylvania
    (Monroe County)
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    56
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    Default Re: 302 Expungement -- Please Help

    Go to the Clerk of Courts in Allegheny County. I believe they are the ones who can help you through the process of expungement...


    ETA~ Or just do whatever GL says, he's the expert, and a faster typer....

    "I would rather be exposed to the inconveniences attending too much liberty
    than to those attending too small a degree of it."~Thomas Jefferson, 1791
    Hobson fundraiser Remember SFN Read before you Open Carry

  4. #4
    Join Date
    Nov 2007
    Location
    Dover, Pennsylvania
    (York County)
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    Default Re: 302 Expungement -- Please Help

    GL has offered you some rock solid advice. I would also suggest calling the county dept of health. I can tell you from my exp in the medical field that they were the ones who paid for all your care, transportation and so forth while you were involuntarily treated.

    I hope you get it cleared up though.

    Dave W.
    3%

  5. #5
    Join Date
    Nov 2006
    Location
    New Castle, Pennsylvania
    (Lawrence County)
    Age
    40
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    Default Re: 302 Expungement -- Please Help

    A 302 goes through the county Mental Health/Mental Retardation Administration Office. They are the one's that get the completed paperwork from the hospital, and they're the one's that send the paperwork to the PSP Firearm Unit...

    As far as the process:
    1.You have to find a lawyer that knows his stuff. Gunlawyer did that for you.
    2. He has to petition the court to overturn the prohibition.
    3. Your going to need a psych eval, the PSP Firearm Unit might send you to one of their doctors, go to one of your own as well. Two clear psych evaluations are better than one any day of the week.
    4. You will probably go to court and be grilled about everything, starting before the 302 to the present. The questions will be very personal and his attitude will make it difficult to deal with. He wants you to get angry and emotional...

    It's going to take time, and it's going to take money... An hour long psych eval will run you at least $300, and the lawyer, it's anybody's guess... It's always strange when I tell people how to fight a 302, when I've done 50+ of them in the past 10 years... lol

    -Chaz
    Last edited by Chazman321; September 7th, 2012 at 09:45 AM. Reason: Updated... lol
    I like guns... And boobs...

  6. #6
    Join Date
    Mar 2008
    Location
    Coatesville, Pennsylvania
    (Chester County)
    Age
    59
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    Default Re: 302 Expungement -- Please Help

    Quote Originally Posted by trates View Post
    After failing a PICS instant check a few month backs, I filed a challenge with the state police regarding a two doctor 302 that happened back in 2007. Long story short, the transcript for the 303 hearing clearly stated that the 302 was dismissed and the 302 withdrawn, however after talking with legal aid in Harrisburg, I came to find out that it doesn't matter what's in the transcript. After the initial 302 is submitted the day of involuntary commitment, that's it.

    So there's a pressing need for me to get the damn thing expunged. However, after consulting three attorneys, public defenders and legal aid in two counties, I'm nowhere closer to filing a petition than I was last month. No one seems to know what the process is for filing a petition to have the records expunged. I've never heard a lawyer not want to take my money. This is quite odd. I've read the legislation, but have no idea what forms need to be submitted to who, what kind of evaluation I need to have, etc.

    Even a starting point would be greatly appreciated. If I could just find out the process for Allegheny county, I'm sure I could do most of the work myself. It's just that there is no information to be accessed to illustrate the steps that need to be taken.

    Thomas
    Thomas,

    I had a pair of 302's on my record from way back in 1996.

    I had them expunged last year.
    My lawyer was Michael Gottlieb of Norristown, PA
    He did a good job and today I am the proud owner of legal firearms.

  7. #7
    Join Date
    Mar 2008
    Location
    Coatesville, Pennsylvania
    (Chester County)
    Age
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    Default Re: 302 Expungement -- Please Help

    Quote Originally Posted by Chazman321 View Post

    As far as the process:
    1.You have to find a lawyer that knows his stuff. Gunlawyer did that for you.
    2. He has to petition the court to overturn the prohibition.
    3. Your going to need a psych eval, the PSP Firearm Unit will send you to one of their doctors, go to one of your own as well. Two clear psych evaluations are better than one any day of the week.
    4. You will probably go to court and be grilled about everything, starting before the 302 to the present. The questions will be very personal and his attitude will make it difficult to deal with. He wants you to get angry and emotional...

    It's going to take time, and it's going to take money... An hour long psych eval will run you at least $300, and the lawyer, it's anybody's guess... It's always strange when I tell people how to fight a 302, when I've done 30+ of them in the past 4 years... lol

    -Chaz
    This about sums up what I went through.

    At my hearing the lawyer for the PSP did his damnedest to make me appear as still being unfit.
    Even to the point of saying/suggesting things that were completely untrue.
    In other words, with regard to your firearm privileges, the Pennsylvania State Police
    is most definitely your adversary. They do not want to see your rights restored and will
    do what they can to prevent it.

    I got an independent eval from a very reputable (and expensive) psychologist.
    The court accepted his written eval and CV as expert testimony. He was not required to appear.

    The PSP did not require that I be evaluated by their own doctor, and barring such a requirement, I would highly recommend that you NOT allow yourself to be examined by a state appointed shrink. He works for the guys that dont want your rights restored.

    We would like to believe that these guys will be impartial, but I wouldn't risk the outcome of my hearing
    on the assumption that a PA State Police appointed psychiatrist is going to be unbiased.

    A good, very reputable, independent guy is what you need. One that supports the 2nd amendment is even better.
    My lawyer in the matter, mentioned in the above post, knows the right guy if you are in the Southeast PA area.
    Last edited by skyjerk; January 30th, 2009 at 03:47 PM.

  8. #8
    Join Date
    Nov 2006
    Location
    New Castle, Pennsylvania
    (Lawrence County)
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    Default Re: 302 Expungement -- Please Help

    Skyjerk, I remember... lol


    -Chaz
    I like guns... And boobs...

  9. #9
    Join Date
    Mar 2008
    Location
    Coatesville, Pennsylvania
    (Chester County)
    Age
    59
    Posts
    450
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    Default Re: 302 Expungement -- Please Help

    Quote Originally Posted by Chazman321 View Post
    Skyjerk, I remember... lol


    -Chaz
    Hey, was it you that 302'd me??!?

  10. #10
    Join Date
    Nov 2006
    Location
    New Castle, Pennsylvania
    (Lawrence County)
    Age
    40
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    Default Re: 302 Expungement -- Please Help

    No... However I did tell you the same thing about the process of fighting the 302... If I would've 302'ed you, you'd still be there... lol

    My 302-fu is strong... lol


    -Chaz
    I like guns... And boobs...

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