Another expungement thread, with VERY IMPORTANT INFO Very good update added

[Benito]

Idk I really don't care at this point

I'll send it to you this isn't the state in some cases that maybe so in this one the state doesn't have a background check on unregulated firearms this is 100% unequivocally a federal ncis denial in grounds of crank vs us.

So I haven't spoke to mark Bowen my POC is corporal Laziuck licensing division I don't have a carry license looks like Bowen would be POC if it was a carry issue

 

[scottyfz6]

Well this a change from what was going on earlier this year. Looks like the goal posts have been moved.

Here is a interesting question. The state law defines an expungement as

(e) “Expungement” with respect to a court record or a police record means removal from public inspection:

(1) by obliteration;

(2) by removal to a separate secure area to which persons who do not have a legitimate reason for access are denied access; or

(3) if access to a court record or police record can be obtained only by reference to another court record or police record, by the expungement of it or the part of it that provides access.

I wonder if someone could file a civil suit for either trying to force it to be obliterated, Like say " who decides which it is obliterated or hidden" and request the first. Next would be to say look the state police are looking at the records with out a court order, so a civil case saying the state has broken the law, I want my records obliterated because obviously the state police cant be trusted to follow the law. Once obliterated that should qualify under crank for totally removing the effects of the conviction.

 

[Benito]

Well this a change from what was going on earlier this year. Looks like the goal posts have been moved.

Here is a interesting question. The state law defines an expungement as


I wonder if someone could file a civil suit for either trying to force it to be obliterated, Like say " who decides which it is obliterated or hidden" and request the first. Next would be to say look the state police are looking at the records with out a court order, so a civil case saying the state has broken the law, I want my records obliterated because obviously the state police cant be trusted to follow the law. Once obliterated that should qualify under crank for totally removing the effects of the conviction.

 

[Benito]

I have a pretty vivid imagination. I was going to have my wife file civil suit on the fed and state for endangering her by approving firearms to a person in her household who then in turn is deemed unacceptable lol it's a stretch but it's an interesting approach. Civilly I would assume there are a multitude of approaches by altering my way of life and endangering my family for fear of federal reprisal. Or simply sell them back and sue for the loss and deprecation of the firearms. Like I said I have an attorney gratis so far hes a family attorney great attorney but it's not really his lane I need a constitutional attorney but the ACLU strays away from 2nd amendment cases typically. I've also thought about reaching out to the NRA. As of now I'm just twiddling my thumbs and twirling my hair in disbelief. But life proceeds and it's not affecting my daily life currently I would really like to recoup the loss I took on the shotgun... Restocking fee background check and shipping all lost from the denial probably could be worse.

 

[F5guy]

Has MSI chimed in on this issue to date ?


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[Benito]

Has MSI chimed in on this issue to date ?


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See I would like to thank you I've been trying to find advocates and organizations to contact. MSI Maryland shall issue correct? I'll contact them tomorrow with my info are they pretty receptive?

 

[scottyfz6]

See I would like to thank you I've been trying to find advocates and organizations to contact. MSI Maryland shall issue correct? I'll contact them tomorrow with my info are they pretty receptive?

MSI does know whats going on to some point they mentioned a case ( I think the one I know ) during testimony at the MGA this year.

I would suggest you reach out to cohen and harris in towson, they where suggested by Mark at MSI. They are the one dealing with the case I know, and a few others have reached out to them. They are the one that I know of dealing with this, they should be the most up to date.

 

[Benito]

MSI does know whats going on to some point they mentioned a case ( I think the one I know ) during testimony at the MGA this year.

I would suggest you reach out to cohen and harris in towson, they where suggested by Mark at MSI. They are the one dealing with the case I know, and a few others have reached out to them. They are the one that I know of dealing with this, they should be the most up to date.

Much appreciated I've been looking for traction and people that may be going through similar circumstances.

 

[esqappellate]

Much appreciated I've been looking for traction and people that may be going through similar circumstances.

We do indeed know about this case and we support it fully. Please contact Cohen and Harris if you have an expungement.

 

[Benito]

We do indeed know about this case and we support it fully. Please contact Cohen and Harris if you have an expungement.

I do have an approved expungement with a valid hql as well as previous purchase of approved regulated firearms by both MD and nais nsai cjis fbi and atf so to be denied on a long gun unregulated firearm is just beyond my comprehension. I've left a message with Dana at Cohen's office this morning and emailed MSI last night a bunch of my documents I've received to word from MSI or Cohen's as of now. Thank you for the support.

 

[Benito]

I do have an approved expungement with a valid hql as well as previous purchase of approved regulated firearms by both MD and nais nsai cjis fbi and atf so to be denied on a long gun unregulated firearm is just beyond my comprehension. I've left a message with Dana at Cohen's office this morning and emailed MSI last night a bunch of my documents I've received to word from MSI or Cohen's as of now. Thank you for the support.

Received no word*

 

[F5guy]

Friend of mine left a couple messages since Friday with Cohen no return call yet.


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[scottyfz6]

Friend of mine left a couple messages since Friday with Cohen no return call yet.


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The main para legal is out of the office until I think tomorrow.

 

[F5guy]

Do you know if they’re specifically looking for people to represent in their lawsuit, or willing to represent people at these administrative hearings?


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[Benito]

I'll try to keep the forum informed as I receive more information... As of now I don't know of any current legislation or cases challenging the decision on a state level, or if there is even a legal ground to create a case in Maryland. There are ways to further appeal the cjis decision as far as the denial goes but I don't see any need to attempt further appeal if they're standing firm and have access to see Maryland expungement records.

 

[scottyfz6]

Do you know if they’re specifically looking for people to represent in their lawsuit, or willing to represent people at these administrative hearings?


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They are doing admin cases and have won them and when the one case gets to the circuit court they will be doing it as well. The SP requested a stay of the admin hearing judges decision and did not get the stay, the judge refused it.( so cohen and harris won round 1 and 2 )

I'll try to keep the forum informed as I receive more information... As of now I don't know of any current legislation or cases challenging the decision on a state level, or if there is even a legal ground to create a case in Maryland. There are ways to further appeal the cjis decision as far as the denial goes but I don't see any need to attempt further appeal if they're standing firm and have access to see Maryland expungement records.

There was a bill submitted but it did not get anywhere, its some where in this thread I think. There is no cases challenging it yet directly, but there is a case fighting a denial, they won it, see above.

There really is not a way to file a blanket case yet, need a bunch of people who have been denied to file a big one together.

 

[Benito]

Well Cohen has a message from me and my contact info and from what I gather my case sheds a light on Maryland's expungement actually being faulty as the feds had access to my expunged record without any assistance or cooperation of Maryland beings I was flagged and denied on an unregulated firearms purchase which is only fed background not Maryland.

 

[F5guy]

Any update today ?


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[F5guy]

Still no call back


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[Benito]

No correspondence I haven't reached out to them either.