Okay, first not your normal thread on expungement, second I am not a lawyer but have spoken with one about this and read cases that are going on. This thread is a warning to those who had a disqualifying conviction expunged and purchased regulated firearms.
As of the last month the MSP is following the standards for federal law on expungements and their relation to 2nd amendment rights. The case that set the standard is Wyoming Crank , it states that for the ATF/FBI to accept an expungement for firearm purposes it must be 100% total removal and destruction of the records, even a post it note on the fridge does not qualify. The case is older, but it was used by MSP against someone who recently appealed a denial ( dec 2022 ), so its what the MSP are using now. It will be going to the circuit court, so there is a chance it gets stopped there.
It turns out that MD state expungements are not a total destruction and removal of the records, there is a post it note somewhere on some fridge in the state ( some sort of records the SP can see ). The records of the case are removed from the normal CJIS system in the state, so the feds cant see it any more ( at least I believe at this point they cant ). But because the MSP sees a post it note on the fridge they are denying people based on the wyoming case. Again the state says we know there was an expungement, so that means it is not total, no guns for you per fed law even though the feds cant see it.
This does ( maybe ) mean if you moved to a state other than maryland there is no way for anyone to see the post it note. Or if maryland did away with the MSP doing regulated handgun approvals/background checks and went back to just a NCIS check as the feds cant see it you would be fine ( maybe ).
What the problem is, is if you have an expungement for a conviction of a disqualifying crime and have purchased regulated firearms and you try to buy a new one in maryland. They might deny you, the lawyer I spoke to says there is no rhyme or reason on who is getting caught/denied right now. So if your unlucky and they deny you and then look back at your 77r list, they could decide you cant have anything they have approved before.
The law office maybe/is working on getting the law changed in maryland to make expungements total. They maybe also trying to get the state ( MGA ) to enforce the law that says no one can even look for the post it note with out a court order, which is what law actually says.
If you fall in to this I would recommend you call a lawyer, the one I have spoken to and is involved with the 77r denial appeal ( not me ) maybe a good one to talk to ( PM me for their info ). Every name that can be added to list of potential problems gives it more power. Also the Lawyer was recommended by Mark P, but it is not an MSI case the guy is doing it out of his own pocket.
Edit, below is the bill to change expungments to be treated as the charge has never existed. Please reach out to your MGA critters.
legiscan.com
As of the last month the MSP is following the standards for federal law on expungements and their relation to 2nd amendment rights. The case that set the standard is Wyoming Crank , it states that for the ATF/FBI to accept an expungement for firearm purposes it must be 100% total removal and destruction of the records, even a post it note on the fridge does not qualify. The case is older, but it was used by MSP against someone who recently appealed a denial ( dec 2022 ), so its what the MSP are using now. It will be going to the circuit court, so there is a chance it gets stopped there.
It turns out that MD state expungements are not a total destruction and removal of the records, there is a post it note somewhere on some fridge in the state ( some sort of records the SP can see ). The records of the case are removed from the normal CJIS system in the state, so the feds cant see it any more ( at least I believe at this point they cant ). But because the MSP sees a post it note on the fridge they are denying people based on the wyoming case. Again the state says we know there was an expungement, so that means it is not total, no guns for you per fed law even though the feds cant see it.
This does ( maybe ) mean if you moved to a state other than maryland there is no way for anyone to see the post it note. Or if maryland did away with the MSP doing regulated handgun approvals/background checks and went back to just a NCIS check as the feds cant see it you would be fine ( maybe ).
What the problem is, is if you have an expungement for a conviction of a disqualifying crime and have purchased regulated firearms and you try to buy a new one in maryland. They might deny you, the lawyer I spoke to says there is no rhyme or reason on who is getting caught/denied right now. So if your unlucky and they deny you and then look back at your 77r list, they could decide you cant have anything they have approved before.
The law office maybe/is working on getting the law changed in maryland to make expungements total. They maybe also trying to get the state ( MGA ) to enforce the law that says no one can even look for the post it note with out a court order, which is what law actually says.
If you fall in to this I would recommend you call a lawyer, the one I have spoken to and is involved with the 77r denial appeal ( not me ) maybe a good one to talk to ( PM me for their info ). Every name that can be added to list of potential problems gives it more power. Also the Lawyer was recommended by Mark P, but it is not an MSI case the guy is doing it out of his own pocket.
Edit, below is the bill to change expungments to be treated as the charge has never existed. Please reach out to your MGA critters.
Maryland HB854 | 2023 | Regular Session
Bill Text (2023-02-09) Criminal Procedure – Expungement of Records – Revisions [Hearing 3/07 at 1:00 p.m.]
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