2007 Pa. Super. 377 - In re Expungements’s Empirical Analysis
2007
Citation profile
1
cited by 1 later decisions
1
states following
December 2013
most recently cited
1 state decisions
Relationships
Applies 18 U.S.C. § 922 (Brady Handgun Violence Prevention Act)
Relies on Sprague v. Casey · Game Com'n v. Dept. of Env. Resources · Independent State Store Union v. Pennsylvania Liquor Control Board · In re T.J. · Pennsylvania State Police v. Paulshock
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Grable captioned his petition, filed on December 20, 2005, as one for expungement; however, a petition for relief from a firearm disability under 18 Pa. Cons. Stat.Ann. § 6105 is not an expungement proceeding. Pennsylvania State Police v. Paulshock, 575 Pa. 378, 385-386 , 836 A.2d 110, 114-115 (2003)(“[T]he only relief that can be given pursuant to a petition filed under Section 6105(d) is from the firearm disability that is imposed pursuant to Section 6105(a).”). Orders for expungement are statutorily proscribed pursuant to the Criminal History Record Information Act, 18 Pa.Cons.Stat.Ann. § 9122(b), and only eon-viction records may be expunged where: 1) the subject of the information reaches the age of seventy and has been free from arrest or prosecution for ten years; or 2) where the individual has been dead for three years. See Commonwealth v. Charnik, 921 A.2d 1214, 1217 (Pa.Super.2007). Because Grable’s disability was not based on a criminal conviction, 18 Pa. Cons.Stat.Ann. § 9122 is not applicable in this case. However, an individual with a disability under 18 Pa. Cons.Stat.Ann. § 6105(c)(4) may petition the trial court for expungement of records of involuntary treatment pursuant to 18 Pa. Cons. StatAnn. § 6111.1(g). See, e.g. In re R.F., 914 A.2d 907, 916 (Pa.Super.2006), appeal denied, 593 Pa. 741 , 929 A.2d 1162 (2007). Although Grable requested that his mental health records be expunged in his petition filed on December 20, 2005, he did not request relief under § 6”
1 later decision quote this exact passage“(g) Review by court.— (1) Upon receipt of a copy of the order of a court of competent jurisdic tion which vacates a final order or an involuntary certification issued by a mental health review officer, the Pennsylvania State Police shall expunge all records of the involuntary treatment received under subsection (f). (2) A person who is involuntarily committed pursuant to section 302 of the Mental Health Procedures Act may petition the court to review the sufficiency of the evidence upon which the commitment was based. If the court determines that the evidence upon which the involuntary commitment was based was insufficient, the court shall order that the record of the commitment submitted to the Pennsylvania State Police be expunged. A petition filed under this subsection shall toll the 60-day period set forth under section 6105(a)(2). (3) The Pennsylvania State Police shall expunge all records of an involuntary commitment of an individual who is discharged from a mental health facility based upon the initial review by the physician occurring within two hours of arrival under section 302(b) of the Mental Health Procedures Act and the physician’s determination that no severe mental disability existed pursuant to section 302(b) of the Mental Health Procedures Act. The physician shall provide signed confirmation of the determination of the lack of severe mental disability following the initial examination under section 302(b) of the Mental Health Procedures Act to the Pennsylvan”
1 later decision quote this exact passage“(f) Other exemptions and proceedings.— (1) Upon application to the court of common pleas under this subsection by an applicant subject to the prohibitions under subsection (c)(4), the court may grant such relief as it deems appropriate if the court determines that the applicant may possess a firearm without risk to the applicant or any other person.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.