Have you ever been ARRESTED for a violation of any criminal law?

[spikelee]

I saw this come up a few times on this site. This question, along with, "Have you ever been CHARGED with a violation of any criminal law," are asked on the MD handgun permit application.

The answer in my case is yes to both, but did not result in a conviction and the case has since been expunged.

The law reads:
"Under MD. CODE CRIMINAL PROCEDURE› § 10-109, an employer or educational institution may not require, as a condition of employment or admission, that you disclose expunged information about yourself. This includes the state government. The state also may not require you to disclose expunged information when you apply for a state license, permit, or other registration."
http://www.courts.state.md.us/mdatjc/pdfs/04redexpungementofcriminalrecords.pdf

If I say yes, and provide them with the details like they ask, then this would require a disclosure of the expunged case -which is protected. As such, I was considering formulating the following response:

"Yes. Pursuant to MD. CODE CRIMINAL PROCEDURE § 10-109, an employer or educational institution may not require, as a condition of employment or admission, that you disclose expunged information about yourself. This includes the state government. The state also may not require you to disclose expunged information when you apply for a state license, permit, or other registration. As such, I am unable to provide further details as it would disclose protected information under this rule."

A penny for your thoughts?

 

[Boom Boom]

The correct answer in this situation is "no".

As an aside, one exception would be a three-letter background check for a high-level security clearance, in which case you would answer "yes", be asked a few questions, you respond openly and truthfully, and likely nothing would come of it.

 

[fabsroman]

You have a single post on the forums. Now you are just begging to be called a troll, plant, or what have you.

My advice, contact the Maryland State Police. Speak to somebody over there in the firearms licensing division. Make sure you get his or her name and you take notes of the conversation. Do NOT disclose your name. Ask the person how you should answer that question if the charges have been expunged and there are no charges on your record. Viola, there is your answer.

 

[spikelee]

Thank you. I don't want to get in trouble for lying by saying no if, when they do an FBI check, this comes up. I would much rather say "no."

The correct answer in this situation is "no".

As an aside, one exception would be a three-letter background check for a high-level security clearance, in which case you would answer "yes", be asked a few questions, you respond openly and truthfully, and likely nothing would come of it.

 

[spikelee]

Fabsroman, I am new to this site. I regret that you feel that you must attack me by calling me a troll and a plant. That's not very kind of you in response to my first post. Everybody has had a first post here at one point.

Moving on. The MSP isn't our friend and not here to serve our best interests. I am not certain that they would provide an answer that wouldn't benefit their agency.

You have a single post on the forums. Now you are just begging to be called a troll, plant, or what have you.

My advice, contact the Maryland State Police. Speak to somebody over there in the firearms licensing division. Make sure you get his or her name and you take notes of the conversation. Do NOT disclose your name. Ask the person how you should answer that question if the charges have been expunged and there are no charges on your record. Viola, there is your answer.

 

[Boom Boom]

Don't sweat it. If you completed the legal process for expungement and your record is clear, there's no reason whatsoever to contact MSP with questions. You already did what's required.

 

[fabsroman]

Fabsroman, I am new to this site. I regret that you feel that you must attack me by calling me a troll and a plant. That's not very kind of you in response to my first post. Everybody has had a first post here at one point.

Moving on. The MSP isn't our friend and not here to serve our best interests. I am not certain that they would provide an answer that wouldn't benefit their agency.

lol - because you are new to this site, you don't have any of the background unless you have been lurking for a while. Do an advanced search using my screen name and looking for the search word "troll". I assure you, I am the one berating people NOT to call new people to the board or to the 2nd Amendment a troll, etc. My post was not meant as an attack, and I apologize if it was taken that way. My post was meant to put others on notice, who know my position, that they should NOT go the troll, plant, etc. route.

Welcome to the forum, and Boom Boom has it right.

I was not required to disclose anything on my Maryland or DC bar applications that had been expunged. However, I don't think either of the applications asked if I had been arrested. Think they just dealt with whether I had been convicted of any crimes. This was 15 years ago, and I am too tired to dig out my copies of the applications and review them.

Good luck with the HQL and your firearm purchases.

Edit to add: I received responses from them that weren't bad at all last March and April regarding how to apply for a second regulated firearm when the first one has not yet been released. The lady that e-mailed me and that I later spoke to, who was pretty high up in the licensing division, said that I could submit applications as often as I liked and that they would make sure that the dealer was made aware of the last time I picked up a regulated firearm such that no firearm would be released to me more often than every 30 days, but that I could get my applications in the pipeline without having to wait 120+ days to pick up the previous regulated firearm I sent a Form 77r in on. Thing is, if you have guidance from Maryland State Police that is in your favor, especially if it is in writing, then you are looking pretty good if you have to go in front of a Judge regarding the matter. I also do not think the Maryland State Police is out to get us. They are out to enforce the law. We might not like the MSP interpretation of some of it, but they interpret a lot of it fairly.

 

[fabsroman]

An easy way to check your record is to go to Maryland Judiciary's website and do a case search with your name. If something has been expunged, it should not show up.

http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

Brochure on expungement:

http://www.mdcourts.gov/courtforms/joint/ccdccr072br.pdf

 

[spikelee]

Thank you, gentlemen. I appreciate your time and thoughts on this.

lol - because you are new to this site, you don't have any of the background unless you have been lurking for a while. Do an advanced search using my screen name and looking for the search word "troll". I assure you, I am the one berating people NOT to call new people to the board or to the 2nd Amendment a troll, etc. My post was not meant as an attack, and I apologize if it was taken that way. My post was meant to put others on notice, who know my position, that they should NOT go the troll, plant, etc. route.

Welcome to the forum, and Boom Boom has it right.

I was not required to disclose anything on my Maryland or DC bar applications that had been expunged. However, I don't think either of the applications asked if I had been arrested. Think they just dealt with whether I had been convicted of any crimes. This was 15 years ago, and I am too tired to dig out my copies of the applications and review them.

Good luck with the HQL and your firearm purchases.

 

[spikelee]

I'm clear on the MD Judiciary. However, it's my understanding that post-9/11, the FBI maintains a database of all crimes that is forwarded to them by the State. Since they are not under state jurisdiction, they are not required to obey a state's court order to expunge anything. An FBI background check, which is required, will possibly yield any history of arrest.

An easy way to check your record is to go to Maryland Judiciary's website and do a case search with your name. If something has been expunged, it should not show up.

http://casesearch.courts.state.md.us/inquiry/inquiry-index.jsp

Brochure on expungement:

http://www.mdcourts.gov/courtforms/joint/ccdccr072br.pdf

 

[fabsroman]

I'm clear on the MD Judiciary. However, it's my understanding that post-9/11, the FBI maintains a database of all crimes that is forwarded to them by the State. Since they are not under state jurisdiction, they are not required to obey a state's court order to expunge anything. An FBI background check, which is required, will possibly yield any history of arrest.

Yes, but being arrested does not prohibit you from possessing a firearm. Then, as already mentioned, on a Maryland application, you do not have to disclose anything that has been expunged. I just went through this about this time last year with a client for a CCW permit. He did not disclose what was expunged and he ended up getting his CCW permit.

They really should add something to the questionnaire that advises people that anything that has been expunged does not need to be disclosed.

 

[spikelee]

That's precisely what I'm pursuing as well, the CCW. I read on another board that the MSP application isn't clear on this for the purpose of intimidation -to discourage people from applying.

Yes, but being arrested does not prohibit you from possessing a firearm. Then, as already mentioned, on a Maryland application, you do not have to disclose anything that has been expunged. I just went through this about this time last year with a client for a CCW permit. He did not disclose what was expunged and he ended up getting his CCW permit.

They really should add something to the questionnaire that advises people that anything that has been expunged does not need to be disclosed.

 

[fabsroman]

That's precisely what I'm pursuing as well, the CCW. I read on another board that the MSP application isn't clear on this for the purpose of intimidation -to discourage people from applying.

Nah, they just want to make sure only the wealthy apply since an attorney is required to interpret the application. lol

 

[dist1646]

An arrest is not the same as a conviction. White vs State of Maryland.

 

[A1Uni]

The easiest thing to do is call MSP Handgun Permit Section, (get the name of the person you talked to, they usually ID themselves when they answer the phone) and ask them if you have to reveal expungements on a handgun permit application. You need not give your name just to ask a question.

Most of the answers you get here won't be form either MSP or Attorneys who know what they are talking about, so why not just go to the source.

 

[fabsroman]

The easiest thing to do is call MSP Handgun Permit Section, (get the name of the person you talked to, they usually ID themselves when they answer the phone) and ask them if you have to reveal expungements on a handgun permit application. You need not give your name just to ask a question.

Most of the answers you get here won't be form either MSP or Attorneys who know what they are talking about, so why not just go to the source.

lol - because sometimes the source has no idea what it is talking about. For example, let's take the "source's" position on stripped lowers. They were illegal on October 1, 2013, now magically they are legal. Granted, the magic came at the hands of Engage and Engage's legal team.

The "source" used to say that a .22 rimfire that looked like an AR-15 was a copycat weapon. That is until the Attorney General issued an opinion that contradicted the "source".

I hear you, and contacting the MSP is a good place to start and it is what I initially advised. Then, if you don't like the answer or want a second opinion, contacting an attorney is a good next step. Of course, make sure the attorney knows what he is talking about, just like there are some FFL's out there that have no clue about firearms. Then again, how would somebody going to an attorney, have a clue that the attorney does not know what he is talking about, since the entire reason the person is seeking the advice of an attorney is because the person does not know the subject matter? lol

 

[bobthefisher]

This is not that hard. Do your own MD and FBI background and criminal record check. MD Livescan will produce your Maryland record, but you'll need to complete a set of blue fingerprint cards for the FBI check. Everyone should do this about every five years no matter what, I think of it as a credit check, but for your life. If nothing shows up on your MD and FBI record you're good to go, and can put down "No" with confidence.

 

[spikelee]

Does anybody have any recommendations on an attorney who is knowledgeable in this area? Perhaps if I can get something in writing from one. If I enter "no" on the application and am later charged with perjury, then perhaps I could refer to my attorney's advice.

 

[spikelee]

I did send an anonymous email to the MSP and am waiting for a response. I prefer that over calling so at least there is a paper trail.

 

[Tomcat]

For what it's worth

I was arrested 30 years ago. Went to an attorney’s office the next day and he took care of it but I didn't know what he did.. Fast forward about 20 years, filling out an application for a security clearance. Have you ever been arrested? Yes, Details? When it got to the interview I answered the questions truthfully as I remembered. The interviewer questioned me about one of the details (unknown to me she already had a copy of the arrest etc.) No big deal ended up getting my clearance but got me thinking about it again. A search of myself turned up nothing on the MD Judiciary search so I went to the State's Attorney's office and checked. Very helpful woman helped me out and found the details for me in an old case book. Turns out the entire thing was dropped. She then asked me if I would like to have it expunged? A couple of signatures later it was done and she told me I'd get a copy in the mail in a few weeks but also suggested that the State Police and some others would still be able to view it if needed.