I won my 302 expungement

[widgetman101]

Not to be one to bring possible bad news but have you went through the 30-day appeal process? Once the judge issues the verdict the PSP has 30-days to appeal it. That's what happened to me, I lost the initial verdict, we requested a reconsideration which we then won. After which, the PSP waited till the end of the 30-day period to file the appeal.

Since that point I've went through the Superior court of appeals which has now entered into an appeal at the Supreme court. It's now been 4 years since mine started and I'm in limbo and have spent close to $30k with this nightmare. Hopefully your already past that point but wanted to point it out because the PSP can really dick you around.

Hell since mine was originally filed laws have been changed in my favor but it seems to mean nothing since my case is already underway and buried in BS.

[GeneralRaptor2002]

Congratulations! I have a friend who had a 302 filed against him when he was 16. I'll forward the information you provided to him.

How many years has it been? If you wait too long, the doctrine of laches may bar the expungement action AMM v. Pennsylvania State Police. That only applies to 6111.1 (g)(2), not 6105 (f)(1) though.

What PA County did this commitment happen in?

The most important thing you need in this type of case is the document called form MH-783 "Application for Involuntary Emergency Examination and Treatment". You contact your county mental health administrator's office and ask for it.

[GeneralRaptor2002]

Not to be one to bring possible bad news but have you went through the 30-day appeal process? Once the judge issues the verdict the PSP has 30-days to appeal it. That's what happened to me, I lost the initial verdict, we requested a reconsideration which we then won. After which, the PSP waited till the end of the 30-day period to file the appeal.

Since that point I've went through the Superior court of appeals which has now entered into an appeal at the Supreme court. It's now been 4 years since mine started and I'm in limbo and have spent close to $30k with this nightmare. Hopefully your already past that point but wanted to point it out because the PSP can really dick you around.

Hell since mine was originally filed laws have been changed in my favor but it seems to mean nothing since my case is already underway and buried in BS.

My attorney told me that the counsel for the Pennsylvania State Police said that he would not appeal.

[Daycrawler]

Congrats, that's awesome! What are you buying first?

Your Grandmother is amazing.

It should be dozen red roses and a nice dinner.

[HiImTodd]

I got a 302 for my first time and I'm 57 and I am not severely mentally ill, not mentally ill and all but my wife is bipolar and she exaggerated on the 302 so here I am. I didn't know I could have changed it to a 201 at the ER and ut a patient on the inside on day two being there told me to tell the Dr I wanted to admit myself. I did so but they said the 302 stays and I still lose my guns. I'm in North central Pa. elk county. I need advice on what your lawyers argument was that got you your win please and if you know a good attorney. Thanks.

[GeneralRaptor2002]

I got a 302 for my first time and I'm 57 and I am not severely mentally ill, not mentally ill and all but my wife is bipolar and she exaggerated on the 302 so here I am. I didn't know I could have changed it to a 201 at the ER and ut a patient on the inside on day two being there told me to tell the Dr I wanted to admit myself. I did so but they said the 302 stays and I still lose my guns. I'm in North central Pa. elk county. I need advice on what your lawyers argument was that got you your win please and if you know a good attorney. Thanks.

I'm sorry for the late response. I don't go on here very often and I missed this in my email somehow. Anyway, you'll want to have a look at this post https://forum.pafoa.org/showthread.php?t=350830 that I made, there's a bunch of good info on it and a list of attorneys who know how to get 302's expunged and gun rights restored. I did not attend my expungement hearing, but what I do know (from looking at the court documents) is that my lawyer argued that I did not fit the criteria to be involuntarily committed at that some of the procedures were not followed correctly. The lawyer I used was Michael Gottlieb in Norristown, Montgomery County, but there are some on the list who are geographically closer to you. The essential thing you need to obtain is the form MH-783 (Application for Involuntary Examination and Treatment) which can be obtained from the county mental health administrators office of the country in which you were committed.

All the best.

[Calzonewdippingsauce]

Congrats GeneralRaptor, I am glad that you were able to fight and hopefully regain your rights. I work in the medical field and while I always encourage people to seek care for their own mental health, I am always very up front and vocal with parents or spouses who are seeking to 302 their family members. I make sure to tell them that in some cases they could be ruining any hopes and dreams for that person, denying them access to many jobs and high earning careers, basic human rights, and condemning them to a life of scrutiny by the state, which in most cases, is irreversible.

Let this be a message to everyone, if you need help, please don*t be afraid to seek it out, your way better to make this choice on your own before someone makes it for you.

[Gunsnwater]

Congrats GeneralRaptor, I am glad that you were able to fight and hopefully regain your rights. I work in the medical field and while I always encourage people to seek care for their own mental health, I am always very up front and vocal with parents or spouses who are seeking to 302 their family members. I make sure to tell them that in some cases they could be ruining any hopes and dreams for that person, denying them access to many jobs and high earning careers, basic human rights, and condemning them to a life of scrutiny by the state, which in most cases, is irreversible.

Let this be a message to everyone, if you need help, please don*t be afraid to seek it out, your way better to make this choice on your own before someone makes it for you.

Going self-serve doesn*t guarantee you won*t have the full-service menu forced on you. One thin mint

[SigForLife]

Since July of 2019, after I litigated the issue several times in federal court against the U.S Government, ATF decided to certify PA's state relief statute, which now results in a grant of state relief relieving the federal disability. Thus, expungement is no longer necessary and we can now obtain relief for people who were also 303'ed and 304'ed. https://blog.princelaw.com/2019/07/0...th-commitments

[Calzonewdippingsauce]

Going self-serve doesn*t guarantee you won*t have the full-service menu forced on you. One thin mint

Volunteering to get help and admitting you might need some help makes it a lot less likely, and makes you a normal human being. Reasoning with a doctor is a lot easier than reasoning with a cop.