Thank you for the info on NY I just read briefly on the surface. It was a point that I did not look at close. I am so proud that Brian got the news he was waiting for. He is free in Pa. The FBI still has a national base to. If he sought judicial determination a court would have order Brian’s name off that letting him travel on vacation without FBI tracks in the NCIC.
In His letter the PSP tells you this fact at the bottom of the letter. But if a court order is involved there are different rules. The case to read on this is J.J.M. v. PSP A3d 386 MD 2017 and In re D.A., 801 A2d 614, 616-17 on detriment on PSP letter without Court’s decision.
Brian has a letter with a detriment statement from the PSP with no Court’s backing in judicial determination. This may seem a small thing, but in the future it will be the other states that open the door to make greater issues of this. But a court order close this detriment by extending Brian’s name to be removed off the NCIC FBI data base too so other states will not see his history. His Law should be smart enough to see the future in why in ACT 10 Section 20 (2) (iii) (A) and (B). this can be found in the HB 631 and in HB 1952 bills that were signed by governor Wolf. It is at the end. I will copy it word for word:
Section 20 says what I been saying a long time:
AN INDIVIDUAL WHO, BEFORE OR AFTER THE
EFFECTIVE DATE OF THIS PARAGRAPH:
(A) COMMITS AN OFFENSE SUBJECT TO 42 PA.C.S.
SUBCH. H; BUT
(B) BECAUSE OF A JUDICIAL DETERMINATION ON OR
AFTER THE EFFECTIVE DATE OF THIS SECTION OF THE
INVALIDITY OF 42 PA.C.S. SUBCH. H, IS NOT SUBJECT TO
REGISTRATION AS A SEXUAL OFFENDER.
These are the words that why a court order is the way to beat the PSP and other out side jurisdictions from tricking a person to be right back on the registry by trusting the letter that the PSP gives, but they don’t extend your name removal to the FBI NCIC where other states can still see that you are subject to sex offenders registration.
Brain must get clear understanding from his lawyer on this point – He may in the future want to take a trip to Florida where they have the craziest sex offender laws for a vacation, and there they don’t have no understanding of Equal protection of law rights on good faith credit.
The lower courts don’t like 42 Pa. C.S. 9799.23 where their court orders mean nothing to the PSP. The PSP only respect the PASC decision but that is suspect due to Muniz-decision