Expungement of assault charges denied HGP. Know anyone, or even other charges.

[scottyfz6]

No problems since.
The applicant spoke to a few of the attorneys recommended here on MDS, but taking initiative and calling MSP and getting Supervisors involved produced immediate results.

So Suga just emailed me.

The SP must have had an old cjis inquiry, which probably still had the q file hit. They just pulled a new cjis request and the q file must have been removed and the new request came back clean. They told her no need to go to the hearing tomorrow, approved her HQL.

Talking to the supervisor will get you the right number or name of a person to talk to. And not let it sit on a desk waiting to be looked at, it can speed it up.

 

[Suga1]

Not completely true.

In theory, arrests are reported directly to the FBI/CJIS at the time a prisoner is BOOKED.

In theory, convictions are reported by Clerks of the Court directly to FBI/CJIS shortly after trial.

In theory, the same arrests and conviction are also reported to DPSCS/CJIS and recorded there, as well as in JIS (Judicial Information System) which shows up as well in Case Search.

So- an expungement in MD courts may delete the record in DPSCS/CJIS and JIS, and Case Search- but FBI/CJIS won't delete anything because of the wording of MD Expungement orders.

 

[Suga1]

I pose this question because i did a summary challenge with fbi and they returned a letter stating they had nothing and they were forwarding my info back to cjis. They explained they reported what maryland had. So therefore its nothing they can do or remove because i do not have a federal history.
I'm not exactly sure as to why there keeps being a reference to fbi/cjis and cjis cr? As I have found out, fbi only holds record for federal crimes. Unless u have been arrested and/or prosecuted for something federal theres nothing they can get rid of. Maryland houses their own records at cjis cr. When msp does an inquiry and it's still there on a fbi summary it's not because of two different cjis. There's only one cjis. It's because the cjis through the fbi search is a backdoor way in for msp to see marylands own files. Because its been expunged msp cant see it anymore. I say backdoor way in because technically it is illegal for any law enforcement agency to look at the expunged files. If they can get it reported to them from another department then In my case what they are seeing is the Q-file. Once that file is taken care of by cjis cr then the complete expungement is done- obliterated. Once its done have msp do over your inquiry with the fbi. And in my case you may get a call the day before your OAH hearing saying u no longer have to attend the hearing because they've reversed their denial and emailed you a license approved.

 

[scottyfz6]

I pose this question because i did a summary challenge with fbi and they returned a letter stating they had nothing and they were forwarding my info back to cjis. They explained they reported what maryland had. So therefore its nothing they can do or remove because i do not have a federal history.
I'm not exactly sure as to why there keeps being a reference to fbi/cjis and cjis cr? As I have found out, fbi only holds record for federal crimes. Unless u have been arrested and/or prosecuted for something federal theres nothing they can get rid of. Maryland houses their own records at cjis cr. When msp does an inquiry and it's still there on a fbi summary it's not because of two different cjis. There's only one cjis. It's because the cjis through the fbi search is a backdoor way in for msp to see marylands own files.

Actually the FBI used to be contacted anytime someones finger prints were ran, may still be but I think the modern systems don't require it.

The way it works is the FBI is notified anytime ( supposed to be ) there is a change in an arrest or court record. The FBI is notified these days thru cjis. I cant remember what its called but once the FBI is told to put you on the list, the police agency that requested is immediately notified. MSP puts those with carry permits on this list.

So it works like this ( supposed to ). Maryland puts you on the list with the FBI, says notify us of any pings or updates on Suga1 because she has a HGP. You get arrested in west Virginia, they ping the FBI and the FBI says oh MD asked to be told about any changes. Maryland then gets a ping to look at your arrest in west Virginia. The arrest stays in the west Virginia data base forever ( unless expunged ), it says suga1 was arrested for being a pain in the little toe. That stays there as just an arrest, once you go to court and are found guilty or not guilty they update the record to reflect that. Once updated it says suga1 was arrested and found not guilty of being a pain in the little toe. It has gone thru the FBI, thru their systems, they know about it.

But they reference for everything the state databases that hold the cjis records. There maybe a little server somewhere with your name on it, but they assume the cjis database is the most up to date so its what they use.

 

[Suga1]

Actually the FBI used to be contacted anytime someones finger prints were ran, may still be but I think the modern systems don't require it.

The way it works is the FBI is notified anytime ( supposed to be ) there is a change in an arrest or court record. The FBI is notified these days thru cjis. I cant remember what its called but once the FBI is told to put you on the list, the police agency that requested is immediately notified. MSP puts those with carry permits on this list.

So it works like this ( supposed to ). Maryland puts you on the list with the FBI, says notify us of any pings or updates on Suga1 because she has a HGP. You get arrested in west Virginia, they ping the FBI and the FBI says oh MD asked to be told about any changes. Maryland then gets a ping to look at your arrest in west Virginia. The arrest stays in the west Virginia data base forever ( unless expunged ), it says suga1 was arrested for being a pain in the little toe. That stays there as just an arrest, once you go to court and are found guilty or not guilty they update the record to reflect that. Once updated it says suga1 was arrested and found not guilty of being a pain in the little toe. It has gone thru the FBI, thru their systems, they know about it.

But they reference for everything the state databases that hold the cjis records. There maybe a little server somewhere with your name on it, but they assume the cjis database is the most up to date so its what they use.

Hey Scotty, yes this is how I would think it works as well.

 

[BurkeM]

I'm not exactly sure as to why there keeps being a reference to fbi/cjis and cjis cr? As I have found out, fbi only holds record for federal crimes.

Wrong. The FBI CJIS is a NATIONAL repository of criminal information.

There's only one cjis. It's because the cjis through the fbi search is a backdoor way in for msp to see marylands own files. Because its been expunged msp cant see it anymore.

Also not true.

Maryland Expungement law explicitly allows Law Enforcement agencies access to expunged records 'for investigative purposes."

The background investigation is a LAW ENFORCEMENT INVESTIGATION

It's extremely confusing- because the General Assembly wants it that way.