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Thread: 302 Expungement -- Please Help
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January 29th, 2009, 05:07 PM #1Junior Member
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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 Long story short, the transcript for the 303 hearing clearly stated that the 302 was dismissed and the 302 withdrawn, however after talking with legal aid in Harrisburg, I came to find out that it doesn't matter what's in the transcript.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
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January 29th, 2009, 05:18 PM #2
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January 29th, 2009, 05:19 PM #3
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
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January 29th, 2009, 07:10 PM #4
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%
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January 29th, 2009, 11:29 PM #5
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
-ChazLast edited by Chazman321; September 7th, 2012 at 09:45 AM. Reason: Updated... lol
I like guns... And boobs...
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January 30th, 2009, 03:07 PM #6
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January 30th, 2009, 03:14 PM #7
Re: 302 Expungement -- Please Help
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.
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January 30th, 2009, 05:19 PM #8
Re: 302 Expungement -- Please Help
Skyjerk, I remember... lol
-ChazI like guns... And boobs...
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January 30th, 2009, 05:22 PM #9
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January 30th, 2009, 05:25 PM #10
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
-ChazI like guns... And boobs...
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