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Challenging another states denial
#1
Does anyone know if I can remove or challenge a mental health flag from another state using Colorados judicial relief program? Flag came while I was a minor, in Pennsylvania.

This has been a sore issue for 19 years now and I'd love to be able to clear it up.

Thanks
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#2
IANAL, but I would think that if the issue is specific to Pennsylvania, then you'd have to resolve it with Pennsylvania's legal system. If the issue could be resolved across state systems, then it's almost certainly a federal matter.

I'd suggest contacting both the PN state system as well as a local attorney familiar with at least CO relief programs for more accurate information.
JackRock
Lakewood, CO
http://ryancash.co
Charter Member, Bristlecone Shooting Center
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#3
Thank you for the reply JackRock. I was able to speak with a CO attorney and even he wasn't sure, he'll be looking into it for me though.

The hardest part is that PA doesn't have a way to remove the flags. The lower courts can't remove/expunge items and have the higher or federal courts recognize what they did.

I am praying that Colorado courts can help me out.

Thanks again
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#4
(07-17-2015, 09:43 PM)Still Trying Wrote: Thank you for the reply JackRock. I was able to speak with a CO attorney and even he wasn't sure, he'll be looking into it for me though.

The hardest part is that PA doesn't have a way to remove the flags. The lower courts can't remove/expunge items and have the higher or federal courts recognize what they did.

I am praying that Colorado courts can help me out.

Thanks again

I hope they can. I honestly doubt they will be able to, but I hope for your sake it's possible. 
JackRock
Lakewood, CO
http://ryancash.co
Charter Member, Bristlecone Shooting Center
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#5
I don't know, but I'd start by reading this case (or start by pointing out to your attorney)

http://www.ca6.uscourts.gov/opinions.pdf/14a026p-06.pdf

I think it depends on whether the state (Colorado or Pennsylvania) have programs for the removal of one's name from the "registry" (the NCIS database???) of mental health risks.  BTW, this has become an issue for VA and now SS beneficiaries who are deemed incompetent to handle their own affairs.
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#6
Thank you for the post MarkS.

Colorado does have the program for removal, but pennsylvania does not have the program or even the ability to clear a record.

I tried the link you provided but it didn't seem to work, would you mind reposting it or how to get to it? It may also be because I'm on my cell, I will definitely try it on my computer when I can too.

Thank you
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#7
Sorry for the delayed response.

The case is Tyler v Hillsdale County Sheriff.  It's published in a lot web sites.  Here's the 6th Circuit's publication

http://www.ca6.uscourts.gov/opinions.pdf/14a0296p-06.pdf

If that does not work, go to http://www.ca6.uscourts and search the opinions for "Tyler"
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