302 Expungement -- Please Help

[drillsergeant]

Try Jay Kalasnik PA. 866-632-1784 York ,PA.

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 Long story short, the transcript for the 303 hearing clearly stated that the 302 was dismissed and the 302 withdrawn, however after talking with legal aid in Harrisburg, I came to find out that it doesn't matter what's in the transcript.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

[spitfiregirl]

I also have questions about filing for an expungement. Who is a reputable firearms lawyer in the Erie area? And is it better to have a psychological evaluation from a Psychologist or Psychiatrist? Does it help to have letters of reference from family members, friends or co-workers? What other documentation do you need? Thank you for any help.

Nel

[username]

I am NOT an attorney. I was a Mental Health Worker for 13 years and worked primarily in "Psychiatric Emergency Services" in Philadelphia. Before the Police crap. Anyway........anyone can be 302'ed. I don't know how that happened to you. The 302 is for "involuntary psychiatric EVALUATION for up to 72 hours you can be held. After 72 hours if the evaluating psychiatrist has determined that you are a threat to "yourself or others and it is related to a mental illness" then you would be held or admitted and a petition for a 303 is held for continued hospitalization. IDK what your age was or anything because the Mental Health Act of ? 1976 states that treatment is to be afforded by the "least restrictive means possible". I would regularly file these petitions and evaluate both the petitioners and patients who were 302'ed. It was not my job to determine who was held it would be the psychiatrist. Many people would be petitioned on a 302 and be seen then they would be immediately released after being evaluated. I even had some married people who were separating and they would file a petition (lie) to get the partner out of the house to empty it out. I have never ever heard of getting this removed from someones "records". It is not a criminal action. I know that you are asked if you have ever been "institutionalized" in reference to getting a LTCF. I am not giving you legal advice but just my experience. I wish you good luck.

[spitfiregirl]

I am NOT an attorney. I was a Mental Health Worker for 13 years and worked primarily in "Psychiatric Emergency Services" in Philadelphia. Before the Police crap. Anyway........anyone can be 302'ed. I don't know how that happened to you. The 302 is for "involuntary psychiatric EVALUATION for up to 72 hours you can be held. After 72 hours if the evaluating psychiatrist has determined that you are a threat to "yourself or others and it is related to a mental illness" then you would be held or admitted and a petition for a 303 is held for continued hospitalization. IDK what your age was or anything because the Mental Health Act of ? 1976 states that treatment is to be afforded by the "least restrictive means possible". I would regularly file these petitions and evaluate both the petitioners and patients who were 302'ed. It was not my job to determine who was held it would be the psychiatrist. Many people would be petitioned on a 302 and be seen then they would be immediately released after being evaluated. I even had some married people who were separating and they would file a petition (lie) to get the partner out of the house to empty it out. I have never ever heard of getting this removed from someones "records". It is not a criminal action. I know that you are asked if you have ever been "institutionalized" in reference to getting a LTCF. I am not giving you legal advice but just my experience. I wish you good luck.

I actually contacted my local state representative to find out if the laws could be changed for someone with a prior 302. I though that it was part of person's permanent record and I wanted to request a change so that someone in this situation could prove mental stability by having a psychological evaluation and be allowed to purchase firearms in the future. It was my state representative that informed me that it could be expunged from a person's record. I was shocked and happy to find that information out.

[GunLawyer001]

I also have questions about filing for an expungement. Who is a reputable firearms lawyer in the Erie area? And is it better to have a psychological evaluation from a Psychologist or Psychiatrist? Does it help to have letters of reference from family members, friends or co-workers? What other documentation do you need? Thank you for any help.

Nel

I am NOT an attorney. I was a Mental Health Worker for 13 years and worked primarily in "Psychiatric Emergency Services" in Philadelphia. Before the Police crap. Anyway........anyone can be 302'ed. I don't know how that happened to you. The 302 is for "involuntary psychiatric EVALUATION for up to 72 hours you can be held. After 72 hours if the evaluating psychiatrist has determined that you are a threat to "yourself or others and it is related to a mental illness" then you would be held or admitted and a petition for a 303 is held for continued hospitalization. IDK what your age was or anything because the Mental Health Act of ? 1976 states that treatment is to be afforded by the "least restrictive means possible". I would regularly file these petitions and evaluate both the petitioners and patients who were 302'ed. It was not my job to determine who was held it would be the psychiatrist. Many people would be petitioned on a 302 and be seen then they would be immediately released after being evaluated. I even had some married people who were separating and they would file a petition (lie) to get the partner out of the house to empty it out. I have never ever heard of getting this removed from someones "records". It is not a criminal action. I know that you are asked if you have ever been "institutionalized" in reference to getting a LTCF. I am not giving you legal advice but just my experience. I wish you good luck.

I actually contacted my local state representative to find out if the laws could be changed for someone with a prior 302. I though that it was part of person's permanent record and I wanted to request a change so that someone in this situation could prove mental stability by having a psychological evaluation and be allowed to purchase firearms in the future. It was my state representative that informed me that it could be expunged from a person's record. I was shocked and happy to find that information out.

In the western half of Pennsylvania, I'd advise anyone serious about expunging a 302 to contact attorney Jon Pushinsky, in Pittsburgh. He's a big civil rights guy, very smart, he's who I'd personally hire out there if I needed that done.

There are two basic routes to getting past a 302: Use the UFA to get your rights restored, or retroactively prove that it was wrongfully done in the first place. Chances of success on the former are usually better.

[father-of-five]

Man.

I'd be passing the 13 year mark in Building 50 at Norristown State Hospital at this point!

Building 50 is like the Château d'If only filled with nut jobs instead of criminals

I'd have to pull a "Count of Monte Cristo" escape and embark on a campaign of
subtle but horrifying revenge!

You would be Chief Magistrate Villefort

Guess where I worked in 1996?

[spitfiregirl]

This may be a silly question but what is the UFA?

[Remington788]

This may be a silly question but what is the UFA?

Abbreviation for Uniform Firearms Act.

http://reference.pafoa.org/statutes/...-firearms-act/

[spitfiregirl]

I contacted my lawyer a few months back but she had no experience. She referred me to two other lawyers but neither of them had experience so I was referred to another lawyer. I contacted that firm recently and they only do criminal expungements and gave me the PA lawyer referral line. They never returned my call. So I am still looking for a lawyer in the Erie, Pa area. I'm afraid bringing a lawyer from Pittsburgh would cost too much.

I also received my records from the hospital claiming I was admitted as a 302 but they did not have the 302 Form from the police officer on record. The MH/MR has no records of it and neither do the state police. I contacted 3 different Psychologists and none of them will do an evaluation for me. They all told me, as well as the officer from MH/MR that it wouldn't matter what my state of mind is now. I feel like I keep banging head against a brick wall in this matter. Any ideas?
Nel

[XavierBK]

Call the Pittsburgh lawyer?