How long do I have to get a 302 expunged?

**Emptymag** · January 11th, 2024, 10:54 PM

No time limit that I've ever heard of. That makes no sense.

The only way to find out if you were 302d is to get the hospital records.
Well, just because the RECORDS state something, it doesn't make it a fact. Errors happen.

There's no reason you can't start there on your own - request your records.
You will have to pay for them. (if they actually still have them)
I would seek an attorney after you have those records and can look them over.

**Gary_jbp** · January 12th, 2024, 07:06 PM

Thank you. How much would a lawyer cost for this? I'm on a fixed income. I'm not sure I'd be able to afford it.

**knight0334** · January 12th, 2024, 07:30 PM

Originally Posted by Gary_jbp

Thanks for telling me that. I DID consider just trying to buy a gun to see if I get it or not.

Absolutely DO NOT do that. If you were 302'd, you would be prohibited and the state and feds are starting to follow through with charges.

About once a month I read in the local news of the state pressing charges against a prohibited person who tried to buy a firearm.

**Chazman321** · January 12th, 2024, 07:44 PM

You can apply for a LTCF and see if you get denied. You don't know if it was a 302 or not so it isn't lying per se. Otherwise you can call the County mental health administrator, they keep records of 302's. The ER doctor fills it out, a county designee has to sign it, then it goes to the county MH/MR (or whatever they're calling themselves now) office who then files it with the state who reports it to PSP and NICS. I'm unsure how many years they keep records, but usually records aren't destroyed on the county level.

-Chaz

**Rural Ruger** · January 12th, 2024, 08:39 PM

Originally Posted by knight0334

Absolutely DO NOT do that. If you were 302'd, you would be prohibited and the state and feds are starting to follow through with charges.

About once a month I read in the local news of the state pressing charges against a prohibited person who tried to buy a firearm.

Aye, seeing it more here too. Definitely get your stuff figured out first

**McSull** · January 12th, 2024, 09:52 PM

Originally Posted by GunLawyer001

That would be news to me.

Congratulations

**Monie5115** · January 25th, 2024, 01:35 AM

Originally Posted by Gary_jbp

Thank you. How much would a lawyer cost for this? I'm on a fixed income. I'm not sure I'd be able to afford it.

Your not going to be able to expunge it since it happened in 2014 that's Pennsylvania law I know that because I tried doing that. The only thing you can really do is either try to relieve your firearm rights by applying through the court of county pleas or try to get your records to see if there are any hiccups with the medical records. The main question would be how old are you and do you have any hiccups from after the commitment to now? Any interaction with the police or any gaps in employment or any other mental history , tickets, grades anything that would be seen as negative because the court is really picky about it for some reason which I think is unfair. If so it's going to be difficult to relieve it. And if that happens then your best shot is doing a federal injunction in federal court which is what I'm doing which if what your saying all you had is a 302 your guaranteed to get your rights back after the wilborn and Franklin federal cases that just happened