can you legally buy a gun with a PBJ on your record?

[EVOIXGSR]

As long as you have successfully completed any and all of the probationary requirements outlined by the court's PBJ ruling, then you can indeed legally purchase and/or possess a firearm. You do not need to have the ruling expunged, and the PBJ on your record will not have any bearing on your approval, or shall I say "not disapproval".

 

[zoostation]

WRONG! After requesting expungement, each agency will send to you a letter stating that all records of the incident have been removed. I had a PBJ expunged and as a check of the system, I had a Cop friend run a check and nothing could be found. Court search shows nothing. Recent CJIS search shows nothing. My guess is that your friend ran his mouth at work.

This is correct. An expungement is not like a juvenile record where it remains sealed and can be accessed later under certain circumstances. In an expungement not just the court records but even the police reports themselves get destroyed.

 

[Boats]

LOL. When I saw this my first thought was "A Peanut Butter and Jelly on your record? Whats so bad about that? Wow, MD is worse than Kalifornia if a yummy sandwich goes down on your permanent record."

Sorry.

 

[rseymorejr]

This is correct. An expungement is not like a juvenile record where it remains sealed and can be accessed later under certain circumstances. In an expungement not just the court records but even the police reports themselves get destroyed.

If asked "have you ever been arrested?" Can you, legally, answer No? Just like it never happened or do you still have to disclose the arrest and follow up with the fact that it has been expunged?

 

[NHaze]

This is correct. An expungement is not like a juvenile record where it remains sealed and can be accessed later under certain circumstances. In an expungement not just the court records but even the police reports themselves get destroyed.

:thumbup:

 

[Chris0nllyn]

I have atleast one PBJ on my record, and I just picked my handgun up a few weeks ago

 

[Chrscott22]

If asked "have you ever been arrested?" Can you, legally, answer No? Just like it never happened or do you still have to disclose the arrest and follow up with the fact that it has been expunged?

It never happened...

 

[doc64]

more info
http://www.courts.state.md.us/expungement/

 

[TheTruth]

I have expunged something on my record - minor, non-violent, not drug related (I don't touch that stuff). I purchased many regulated firearms with this on my record, but I wanted it off since the ticket I got was put on the stet docket.

I followed the instructions that doc64 linked to. Basically, I had to fill out two forms and stroke a check. About 2 or 3 weeks later, I received a certified copy of a signed expungement order from the judge. After that for about 2 more weeks I received letters from multiple organizations (AA county, CJIS, etc) saying that they certified that my expungement was complete... probably about 5 letters. I could tell something was happening because when I looked up the charge on MD case search, the address on my old charge and changed to my new address. After all of the letters and I think after CJIS responded to the expungement order, everything was off my record and not online anymore.

If you have a qualifying charge to get expunged, I would highly recommend you do it yourself.

By the way, if you have any type of security clearance, you still have to note it on your SF86. Expungements are not counted for that process.

 

[BigdoggyB]

Assualt charge, and disposition was pbj. from my understanding a pbj is not a conviction but will i need to get the charge expunged before im able to purchase a handgun?

Thanks

I have a PBJ assault charge in Maryland on my record and I and I have purchased multiple firearms in MD and have received multiple CCW's after the PBJ was put on my record. Since I was not technically convicted of the crime I did not need to put it on any apps. To date it has not stopped me from getting anything related to guns. The only issue I had was with the Florida CCW in which I had to provide additional documentation about the PBJ and what it meant. The information I gave them was pulled of the internet and was simple law text explaining the meaning of PBJ. I think the person processing my app was clueless. Of course there are no guarantees someone else with the similar situation will have the same experience I have. I don’t see why not though….

Brian

 

[BigdoggyB]

No lawyer needed to expunge. If you apply to purchase a gun while a PBJ is still on the record, you can't honestly answer certain questions on the application forms.

Wrong...

 

[BigdoggyB]

If the conviction is there, you can't answer the question that asks have you been convicted of a crime in which you could serve a year or more in jail.
The guy above is right, if you fail NICS, it's not a good thing.

A PBJ is not a conviction.

 

[dlmcbm]

I have a PBJ myself. I listed it on my CCW app. Interviewer said he just had to check to make sure that it was PBJ-ed but it was fine for that also. It was also there for pistol purchase with no problem and CJIS was clear. I thought of having it expunged but its really not a big deal to me as it was over 20 years ago and never been a hinder to me.

 

[LCPIWB]

These records with PBJ all over them, are we talking Led Zepplin?, or Lionel Richie?....
If it is Lionel, who cares.

 

[Sundazes]

PM Rusty Shackleford. After all, it's your a$$ on the line. You do not want to screw around with this.

 

[doc64]

I followed the instructions that doc64 linked to. Basically, I had to fill out two forms and stroke a check. About 2 or 3 weeks later, I received a certified copy of a signed expungement order from the judge. After that for about 2 more weeks I received letters from multiple organizations (AA county, CJIS, etc) saying that they certified that my expungement was complete... probably about 5 letters. I could tell something was happening because when I looked up the charge on MD case search, the address on my old charge and changed to my new address. After all of the letters and I think after CJIS responded to the expungement order, everything was off my record and not online anymore.

.

as you said, you received multiple organizations, but did you get one from the maryland state police?
In the case of my friend, the state police files are as they put it "MSP files are private internal files and are not subject a court ordered expungements for the public safety!" that his public state police record that is used for public background checks was expunged, but the MSP uses it's private internal in MSP matters.

Bottom line is: the MSP thinks it's above the law and the courts.
you see the way they are handling the ccw and courts.
it's a police state and that it.
the state writes open ended laws, puts the police in charge of inforcement and licensing.
no other state does that. they don't put all the power in one department like maryland does.
it's just bad thinking and creates a police state.


ps.
the reason the MSP came down on my friend was not because he had the PBJ, but because he did not put on his CCW app, and that's because he thought it was gone because he had it expunged.

 

[Merlin]

Assualt charge, and disposition was pbj. from my understanding a pbj is not a conviction but will i need to get the charge expunged before im able to purchase a handgun?

Thanks

I think you can either have jelly or peanut butter, but not both.

 

[raff696]

I just purchased a AKM from gunbroker.com and had it transferred here. I just finished my probation the month before. I pretty much had a pbj for schedule 1 offense. No conviction no problem. Now this was out of state. My arrest was in NC. So I don't know if that helped. But I had no issues buying the AKM!


Tobias Reaper

 

[Jcwright]

So how about civil violations? Say you had a couple of underage (under 21 but over 18) possession of alcohol charges. How would you answer the "Have you been arrested question?

 

[dlmcbm]

So how about civil violations? Say you had a couple of underage (under 21 but over 18) possession of alcohol charges. How would you answer the "Have you been arrested question?

The question is "were you arrested?" So were you? If so then answer yes. I had that charge also but I was not arrested just given a citation.

I stand corrected.... I was thinking of the CCW app.