Question: How Does A 302 Work In PA?

Can a 302 be expunged in PA?

Expungements of Involuntary Commitment Records.

Pursuant to 18 Pa.

C.S.

§ 6111.1(g)(2), a person can have a § 302 involuntary commitment expunged by petitioning the appropriate Court of Common Pleas to review the sufficiency of the evidence upon which the involuntary commitment was based..

What is a 302 warrant in PA?

What is a 302? A 302 petition is a civil warrant authorized by a County Delegate, Physician, or Police Officer to take an individual to the nearest emergency room for an immediate evaluation against his/her will due to concern of imminent danger.

Does a 302 show up on a background check?

Any individual temporarily committed under Section 302 must be reported to the Pennsylvania State Police, who is then responsible for reporting the commitment to the Pennsylvania Instant Check System, state firearms background check database and the National Instant Criminal Background Check System.

Can a felon get gun rights back in PA?

Pennsylvania state law does not care which state you received a conviction. The law only wants you to meet the requirements for restoring your gun rights in Pennsylvania. If you have one or multiple felony convictions, then Federal law prohibits you from owning a gun, even if your gun rights are restored in PA.

Can a 302 be overturned?

If the individual can prove there was insufficient evidence to support the 302, the Court will expunge it — thus restoring the individual’s right to keep and bear arms. That statute, however, does not provide a mechanism for individuals to expunge an involuntary commitment under Section 303 of the MHPA.

Will Mental Health show up on a background check?

Then there is the correlation between mental health and background checks. Nobody wants to talk about that, but the fact is that a person’s previous mental health and/or illnesses MAY (and we stress MAY) come up in a background check.

What does it mean to be 302 in PA?

Section 302 of the Pennsylvania Mental Health Procedures Act provides for an emergency involuntary examination and treatment not to exceed 120 hours when there is a reasonable belief that a person is severely mentally disabled to the extent that immediate treatment is required.

How do you do a 302 in PA?

A physician or police officer can authorize the medical evaluation without a warrant, or a petitioner — often a person’s loved one or a mental health professional — can sign a 302 form petitioning the county mental health administrator to issue a warrant.

Can you have someone committed in PA?

Under Pennsylvania law, whenever someone is severely mentally ill and is in need of immediate treatment, he/she may be subject to involuntary commitment.

What happens if you 302 Someone?

Involuntary admission (also known as a “302”) to an acute inpatient psychiatric hospital occurs when the patient does not agree to hospitalization on a locked inpatient psychiatric unit, but a mental health professional evaluates the patient and believes that, as a result of mental illness, the patient is at risk of …

What happens if you are 302?

Once a 302 is authorized, the individual will be taken to an emergency room by the police or ambulance for an evaluation by a physician to determine if they need to be admitted for involuntary psychiatric in-patient treatment.

Does a 302 stay on your record?

A 302 will be Issued if a person does not sign the 201 papers and is dangerous to themselves or others due to a mental illness. … The 302 will also stay on that persons record for the rest of their life unless the person has grounds to have the 302 removed.