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

[scottyfz6]

Hey Scotty…this the bill that pertains to the problem I’m having u think it will pass?? HB756 & HB854 is more important

When it comes to bills, I have no idea. The fact that there is not a lot of sponsers is not a good sign, but its also a small bill that could fly thru.

 

[King of COD]

HB756 testimony timestamp 1:51:00
Here’s the link

 

[scottyfz6]

That went well, I would have added a few things but it went well.

 

[King of COD]

That went well, I would have added a few things but it went well.

I thought so too HB854 next..prolly won’t go into effect until October

 

[F5guy]

So my buddy who has hql and purchased handguns in the past got denied and they are saying feds don’t recognize expungements. I’m guessing won’t be a surprise if they show up and confiscate his firearms.

In the subject line of the email please reference your application number "xxxxxx and please copy and paste the following quote into the body of the email: "I (Your Name) would like to exercise my right to an appeal with the Office of Administrative hearings"

**YOU HAVE 10 DAYS FROM TODAY TO REQUEST A HEARING OR YOU WILL NOT BE AFFORDED THIS RIGHT**

Additional Explanation:

As a result of the Informal Review, I am Sustaining the Disapproval of your Handgun Permit application. Pursuant to Maryland Code, Public Safety Article 5-312, "A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary's final action."

An appeal to the Office of Administrative Hearings would consist of an Administrative Hearing, which is a fair, impartial and independent opportunity to be heard by an Administrative Law Judge (ALJ), within the Office of Administrative Hearings (OAH), on the issue(s) regarding the denial of, or restriction(s) placed on a wear and carry permit. The ALJ assigned to hear the case determines facts, based on the evidence and argument presented at the hearing, reviews the relevant law and gives a decision on the issue(s) in question

For your particular charge it is not only a State Prohibitor but also a Federal Prohibitor. A Maryland expungement will not suffice as the Maryland Expungement is not recognized by the Federal Government. Your have two options:
1. Apply for a Disposition change to "PBJ" or "STET"
2. Governor's Pardon


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[King of COD]

So my buddy who has hql and purchased handguns in the past got denied and they are saying feds don’t recognize expungements. I’m guessing won’t be a surprise if they show up and confiscate his firearms.

In the subject line of the email please reference your application number "xxxxxx and please copy and paste the following quote into the body of the email: "I (Your Name) would like to exercise my right to an appeal with the Office of Administrative hearings"

**YOU HAVE 10 DAYS FROM TODAY TO REQUEST A HEARING OR YOU WILL NOT BE AFFORDED THIS RIGHT**

Additional Explanation:

As a result of the Informal Review, I am Sustaining the Disapproval of your Handgun Permit application. Pursuant to Maryland Code, Public Safety Article 5-312, "A person who is denied a permit or renewal of a permit or whose permit is revoked or limited may request to appeal the decision of the Secretary to the Office of Administrative Hearings by filing a written request with the Secretary and the Office of Administrative Hearings within 10 days after receipt of written notice of the Secretary's final action."

An appeal to the Office of Administrative Hearings would consist of an Administrative Hearing, which is a fair, impartial and independent opportunity to be heard by an Administrative Law Judge (ALJ), within the Office of Administrative Hearings (OAH), on the issue(s) regarding the denial of, or restriction(s) placed on a wear and carry permit. The ALJ assigned to hear the case determines facts, based on the evidence and argument presented at the hearing, reviews the relevant law and gives a decision on the issue(s) in question

For your particular charge it is not only a State Prohibitor but also a Federal Prohibitor. A Maryland expungement will not suffice as the Maryland Expungement is not recognized by the Federal Government. Your have two options:
1. Apply for a Disposition change to "PBJ" or "STET"
2. Governor's Pardon


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That’s what I was told an I been pending ever since

 

[vr6jettaboy]

Hey Scotty…this the bill that pertains to the problem I’m having u think it will pass?? HB756 & HB854 is more important

Greeting that bill died it did not get put up for vote in the house

 

[F5guy]

So regarding my friend who got denied a permit but has never been denied purchasing plenty of guns and even has collector status. He requested informal review and was denied again.
All of this over an expungement issue apparently.

Fast forward a few months he gets a letter from MSP to lookout for another letter soon with a date and time for administrative hearing. He never requested a hearing or formal review. Wonder why they are calling him in now ?


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[King of COD]

So regarding my friend who got denied a permit but has never been denied purchasing plenty of guns and even has collector status. He requested informal review and was denied again.
All of this over an expungement issue apparently.

Fast forward a few months he gets a letter from MSP to lookout for another letter soon with a date and time for administrative hearing. He never requested a hearing or formal review. Wonder why they are calling him in now ?


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U think they’ll send everyone a notice my HQL been pending since 7/14/22 after I was told about expungement..it’s possible they calling him in to plead his case hopefully …hope they not tryn to confiscate his arms

 

[Benito]

So I've been denied and my appeal denied as well, while trying to purchase an unregulated firearm. I have an hql and have bought handguns. Noone can give me a definitive answer on how or what my options are. Letter also references crank vs us and Maryland's expungement qualifications not meeting federal standards. I would assume this is entirely a Maryland issue in lieu of my expungement through Maryland granting me an HQL allowing me to purchase regulated firearms then being denied years later. There's no way that the feds should have been able to access the records unless Maryland does have a faulty expungement process. I have an attorney I can't imagine why this isn't a case to set precedent as well as satisfying a flaw in a process that is supposed to be seamless and empower an individual who is being proactively conscious to become productive and be a better person. It's very discouraging when your past is used as a weapon on your character, and even more so when you thought you had moved forward and made a positive improvement.

 

[Benito]

I am not saying that. I am saying the MSP can see expungements in some way. But as far as I know only MSP can see them, and thats in violation of state law with out a court order.

Well the nics cjis fbi and atf can see Maryland expungements as well I was denied while purchasing an unregulated firearm. The new standard is within ten days of denial atf asks your local law enforcement to do a follow up. I never received any follow up of course I'm down on the shore it's a whole different world. However I still can't get any direction or definitive conclusion. Have contacted Maryland attorney general, the HQL office that approved me a couple years ago, local law enforcement, and my attorney who's thoroughly confused. They cited the same crank vs the US as the supporting reason for denial. So once again I'm going to assume even the federal background has access to Maryland expunged convictions. Totally inappropriate and unacceptable but the question is who's the accountable party the fed check for impeding Marylands authority and definitions of law or Maryland for not safeguarding the records of it's citizens who were approved and granted a satisfactory expungement by the states guild lines. I'm sorry but I don't see how I can't take this as aft as setting precedent on a federal level and overturning crank vs us. Thoughts?

 

[scottyfz6]

Well the nics cjis fbi and atf can see Maryland expungements as well I was denied while purchasing an unregulated firearm. The new standard is within ten days of denial atf asks your local law enforcement to do a follow up. I never received any follow up of course I'm down on the shore it's a whole different world. However I still can't get any direction or definitive conclusion. Have contacted Maryland attorney general, the HQL office that approved me a couple years ago, local law enforcement, and my attorney who's thoroughly confused. They cited the same crank vs the US as the supporting reason for denial. So once again I'm going to assume even the federal background has access to Maryland expunged convictions. Totally inappropriate and unacceptable but the question is who's the accountable party the fed check for impeding Marylands authority and definitions of law or Maryland for not safeguarding the records of it's citizens who were approved and granted a satisfactory expungement by the states guild lines. I'm sorry but I don't see how I can't take this as aft as setting precedent on a federal level and overturning crank vs us. Thoughts?

You need to request your fbi rap sheet, it is what the fbi can see. It sounds like your expungement did not clear cjis. I helped a guy do his expungement a few months ago, his fbi rap sheet just arrived a few days ago and there is nothing on it. He had a felony from 20 years ago.

What we need to do is find someone who was denied because of an expungement and file a lawsuit that the case has been seen with out a court order per the expungement law. FOIA the state police, the courts etc on what is actually done when an expungement was/is granted and how the SP are seeing it. Start forcing the state to follow the law and have anyone who opens/looks at the court records get fired per the law.

 

[Benito]

You need to request your fbi rap sheet, it is what the fbi can see. It sounds like your expungement did not clear cjis. I helped a guy do his expungement a few months ago, his fbi rap sheet just arrived a few days ago and there is nothing on it. He had a felony from 20 years ago.

What we need to do is find someone who was denied because of an expungement and file a lawsuit that the case has been seen with out a court order per the expungement law. FOIA the state police, the courts etc on what is actually done when an expungement was/is granted and how the SP are seeing it. Start forcing the state to follow the law and have anyone who opens/looks at the court records get fired per the law.

 

[Benito]

I did pass I already bought handguns and passed ncis previously thats the real issue I have. I have regulated firearms approved by ncis and MD and a valid HQL. What am legal and illegally in possession of regulated firearms at the same time. And if that's the case Maryland should stand tf up for it's process and tell the fed **** off especially when I'm the smoking gun, no pun intended. So ncis cjis fbi and atf all approved my purchases of regulated firearms then just denied me on a shotgun unregulated. The MD attorney general told me go try to purchase another regulated firearm and see what happens and also informed me they pretty much knew this was going to happen and did nothing to prepare for it.

 

[Benito]

I did pass I already bought handguns and passed ncis previously thats the real issue I have. I have regulated firearms approved by ncis and MD and a valid HQL. What am legal and illegally in possession of regulated firearms at the same time. And if that's the case Maryland should stand tf up for it's process and tell the fed **** off especially when I'm the smoking gun, no pun intended. So ncis cjis fbi and atf all approved my purchases of regulated firearms then just denied me on a shotgun unregulated. The MD attorney general told me go try to purchase another regulated firearm and see what happens and also informed me they pretty much knew this was going to happen and did nothing to prepare for it.

They're not setting me up for failure I'm pretty sure reapplying after a denial could constitute a crime. It's a grey area I've done a lot of independent research on my own and it all leads to the same conclusion my current firearms are legal and acquired legally and without a victim there is no crime. You can't take, charge, confiscate, or take property from me without also taking responsibility and accountability of the circumstances and endangering the public. If someone told me you have to relinquish the firearms I would more than gladly do so, however that also makes them liable. I in no way shape or form have any desire or intention to be judged for something that was deemed acceptable and reiterate the acceptance and approval of my HQL was and is the right decision of both the fed and Maryland as I am productive reformed and a business owner in the state. It's beyond me this group is the second group ive shared my story with. Thanks people for listening.

 

[scottyfz6]

The MD attorney general told me go try to purchase another regulated firearm and see what happens and also informed me they pretty much knew this was going to happen and did nothing to prepare for it.

I assume you talked to Mark bowen. The case info I have access to for the main guy that I know going thru this, the state is the one using crank not the feds. The state is saying they are the one denying the approval based on crank not the feds. They say they are following fed law and denying, not the fed denying.

I would love to see what you have for paperwork.

 

[Benito]

I assume you talked to Mark bowen. The case info I have access to for the main guy that I know going thru this, the state is the one using crank not the feds. The state is saying they are the one denying the approval based on crank not the feds. They say they are following fed law and denying, not the fed denying.

I would love to see what you have for paperwork.

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.

 

[Benito]

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.

 

[scottyfz6]

Wow thats the first I have seen like that. From what I have seen from a few rap sheets the fbi cant see cases in maryland that where expunged. I wonder if the state is sending records to the feds that they could not see other wise.

 

[Benito]

Wow thats the first I have seen like that. From what I have seen from a few rap sheets the fbi cant see cases in maryland that where expunged. I wonder if the state is sending records to the feds that they could not see other wise.

No crank vs us sets precedent for federal oversight into a states expungement processes and proceedings and allows the federal oversight and capability to override and states ruling on interpretation. This is always the case in supreme court rulings they become law of the land the only way to overturn would be move through the levels of court proceeding in your state and be granted a federal supreme court case. This isn't unheard of actually Maryland has set quite a few precedents recently including if a vehicle is served with probably cause and nothing is found they cannot search your person after the fact.