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

[scottyfz6]

Okay, turns out I found the person who the lawyer was working with. Outside of here, just kind of randomlyish.

He had his hql, had bought firearms. maryland then denied him a purchase. He has an expungement done many years ago, for an assualt.

He fought the MD state police and won in court, the judge said due to the wording of the MD expungement law, an expungement was complete and total the charge never happened in its effect. I have the case record I can share with redacted info if anyone else ever needs to fight the same fight.

 

[fishoholic]

No just recieved first order from judge granting expungement that I sent…app still says pending for HQL
since 7/14 this the response I got when I attached judges order

you should get 3 total... one from the court. one from the arresting agency. and one from cjis. if they haven't sent you the letters and its past the 90 days from filing for the expungement. its time to reach out to the other two.

 

[scottyfz6]

So I have to wait for CJIS letter I can’t apply for pardon if it’s nothing there??…that link shouldn’t apply to me it wasn’t for domestic …I had GTTF case from dirty cop Fabian Laronde expunged for wrongful arrest

Ok first you need to remember that the FBI does not maintain its own records for NCIS for every state. When the FBI looks you up it logs in a system that quires the states that have their own system, in maryland thats the CJIS. So The fbi actually looks at marylands servers. Once you get an expungement with the compliance letter from CJIS when ever it comes, the FBI can not see the charge any more.

So until the cjis letter comes across a NCIS check will still flag you. When you do an expungement in maryland and try to a 77r and attached the court order for the expungement. The SP will effect ignore the charge/arrest/conviction they see on the NCIS check because they know it is expunged, just not all the paperwork has been processed. Once you get the CJIS letter you do not need to include a copy of the expungement any more.

I am not a lawyer but have helped 3 people get expungements who had disqualifying convictions. 2 of the three now have their HGP, and one has NFA stuff now. all three have HQla

 

[scottyfz6]

you should get 3 total... one from the court. one from the arresting agency. and one from cjis. if they haven't sent you the letters and its past the 90 days from filing for the expungement. its time to reach out to the other two.

The law does state 60 days, but that kind of does not count. Cjis is backed up. I know of one compliance letter that took 6 months. And you should get more than 3 letters, first the court, then the jail ( even if not locked up they send one to them ), CJIS, the police dept and parole and probation. Again even if they where never involved they get a copy of the court order anyway. I have access to a compliance letter showing that the county jail shows no records, because the person never went to jail.

 

[King of COD]

Ok first you need to remember that the FBI does not maintain its own records for NCIS for every state. When the FBI looks you up it logs in a system that quires the states that have their own system, in maryland thats the CJIS. So The fbi actually looks at marylands servers. Once you get an expungement with the compliance letter from CJIS when ever it comes, the FBI can not see the charge any more.

So until the cjis letter comes across a NCIS check will still flag you. When you do an expungement in maryland and try to a 77r and attached the court order for the expungement. The SP will effect ignore the charge/arrest/conviction they see on the NCIS check because they know it is expunged, just not all the paperwork has been processed. Once you get the CJIS letter you do not need to include a copy of the expungement any more.

I am not a lawyer but have helped 3 people get expungements who had disqualifying convictions. 2 of the three now have their HGP, and once has NFA stuff now.

Ok thanks for the info Scotty u told me before to sit back relax a when I get paperwork come back..u definitely helped me guy….blessings to you

 

[scottyfz6]

Ok thanks for the info Scotty u told me before to sit back relax a when I get paperwork come back..u definitely helped me guy….blessings to you

If after you get the CJIS letter and if they still deny you reach out to me, and I can start you in the winning direction to tell the SP to shut up and approve it.

 

[King of COD]

If after you get the CJIS letter and if they still deny you reach out to me, and I can start you in the winning direction to tell the SP to shut up and approve it.

Aye aye captain u da man

 

[King of COD]

1. I personally know nothing about the process. Some people in the past have said that you have to wait for the CJIS confirmation letter on expungement. I was offering it as a possibility, but I probably should have kept quiet rather than muddy the waters. Sorry about that. But since I've already muddied them, just to fully explain what I was saying (feel free to ignore):

2. Based on the ATF page I'd think expungement (possibly with CJIS confirmation) would be enough.
3. It was just the first ATF page I found on expungements. I'd think that the logic (expungement as long as it doesn't specifically exclude restoring gun rights) would apply to any prohibiting conviction/arrest/other situation.
4. Regardless, I hope some more knowledgeable people can offer some advice and I hope you get it fixed quickly and easily.

Thanks for helping sig I understand wat ur saying appreciate u willing to help

 

[fishoholic]

never hurts to call the MD CJIS and ask for expungements. department . I spoke with a lady and gave her my court tracking number and she pulled it up and said there it is, ill process it right now.... 3 days later the letter was in my mail box.

 

[King of COD]

Just got this response after submitting CJIS expungement

 

[King of COD]

I truly don’t understand this at all app still says pending if an expungement don’t mean anything why I’m not denied??

 

[scottyfz6]

King, the reason for this is due to the wyoming lawsuit. The atf stated in court that an expungement must be total removal and destruction of the records. Wyoming had an expungement just for second amendment rights. But because the case did not go away, just removed the firearms prohibition under Wyoming state law the ATF/FBI refused to honor it under federal law.

It turns out Maryland does keep some kind of record of expunged cases. According to the atf/fbi if there is any record that remains, even a post it note on the back of a fridge they dont consider it a complete removal and destruction.

So maryland is saying, we can see it, even if the feds cant, we have to enforce fed law because we know it still exists.

 

[King of COD]

King, the reason for this is due to the wyoming lawsuit. The atf stated in court that an expungement must be total removal and destruction of the records. Wyoming had an expungement just for second amendment rights. But because the case did not go away, just removed the firearms prohibition under Wyoming state law the ATF/FBI refused to honor it under federal law.

It turns out Maryland does keep some kind of record of expunged cases. According to the atf/fbi if there is any record that remains, even a post it note on the back of a fridge they dont consider it a complete removal and destruction.

So maryland is saying, we can see it, even if the feds cant, we have to enforce fed law because we know it still exists.

Damn….guess im at a standstill now..

 

[Dataluss]

Damn….guess im at a standstill now..

As I said earlier in this thread.
Do yourself a favor, and call Ed Hershon Legal. He's also a member on this site. He's a BIG 2A Attorney advocate in Annapolis. He also knows everyone at MSP licesing division. Myself or anyone else really can't give you answers surrounding all the semantics with your particular case. BUT he will get to the bottom of your situation. Just takes legal Kung Foo, expertise, and money . In my situation, last year, I hired him only for his guidance, and legal advice. NO expungement work needed, however I spoke personally with him, for an hour, specifically regarding my initial MD HGP application. Again, at that point I had NOT submitted my app. HOPEFULLY you didn't falsify ANY answers on your initial application. That may complicate things, BUT I digress on any of that. He WILL do what good Attorneys do. I'd give you his personnel cell #, but I'll leave that up to him. Again, call his office, make your appointment, pay his fee, go from there. If you do, let me know how it works out.

Good Luck,

Law firm # 443-926-1702

Annapolis, Maryland Construction Law, Family Law Lawyer | Hershon Legal LLC

Experienced Annapolis, Maryland attorney Edward Hershon fights for you. Construction Law, Family Law, and Second Amendment Law.

hershonlegal.com

Hershon Legal, LLC
420-I Chinquapin Round Road
Annapolis, Maryland 21401
Phone: (443) 926-1702
Email: ed@hershonlegal.com
www.HershonLegal.com

 

[44 Bulldog]

Not if all the steps of expungement are done properly by the courts order.

you are 100% correct

 

[scottyfz6]

you are 100% correct

Except this somewhat new situation that is still developing. See my thread on it
https://www.mdshooters.com/threads/another-expungement-thread-with-very-important-info.272901/

 

[dblas]

King, the reason for this is due to the wyoming lawsuit. The atf stated in court that an expungement must be total removal and destruction of the records. Wyoming had an expungement just for second amendment rights. But because the case did not go away, just removed the firearms prohibition under Wyoming state law the ATF/FBI refused to honor it under federal law.

It turns out Maryland does keep some kind of record of expunged cases. According to the atf/fbi if there is any record that remains, even a post it note on the back of a fridge they dont consider it a complete removal and destruction.

So maryland is saying, we can see it, even if the feds cant, we have to enforce fed law because we know it still exists.

Hmmm, MSP using a court case from a completely different Federal Circuit.....I don't see how that can stand, since the same finding has not been found in the 4th Circuit.

 

[John from MD]

 

[Rlt]

To restate MSP is denying HGP for people with expunged charges. If you know of anyone whom this has happened to contact me and I will give a name of a lawyers office that is working on this sort of thing. They are not working on it at an individual person level, they are looking for a group of people it applies to. They are going to try to attack it at the state level, not thru the courts unless needed.

How can i add a name to it

 

[scottyfz6]

How can i add a name to it

I cant send you their info by pm. your too new. but the law office is below give em call, and talk with katie if your having a problem. They where recommended by MSI

Katherine M. Martin, Paralegal
COHEN | HARRIS, LLC
Katie@CohenHarris.com
443-915-0090 (Direct)
888-585-7979