Waiting for expungement to clear

Hard23 said:

Thank you very much. I am trying to learn here. It is just sooooo much to take in. I also feel like i am being shafted here. I want my gun rights. ******** a Battery case from 30 years ago and nothing since would cause this

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Your best bet is to reach out the lawyer below. They very much know the ins and outs of this right now.

Katherine M. Martin, Paralegal
COHEN | HARRIS, LLC
40 York Road, Ste. 400
Towson, Maryland 21204
Katie@CohenHarris.com
443-915-0090 (Direct)
888-585-7979

Buddy of mine got his hql with expungement papers 3 years ago. Purchased a firearm last year. Was recently denied wear and carry. MSP told him Feds don’t recognize expungements. He re uploaded docs got informal hearing and was denied. Referred for administrative hearing. Waiting for confiscation cops to show up any day now. Pathetic!!


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I still don't understand the "Feds don't recognize expungements" thing? Plenty of people get Clearances who have had records expunged.

Blaster229 said:

I still don't understand the "Feds don't recognize expungements" thing? Plenty of people get Clearances who have had records expunged.

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Cleareances are not the same.

What the state is going off of is wyoming crank. Its states that for the FBI/ATF to accept an expungement it must be 100% and remove ALL effects of the conviction ( including records that are sealed ). When an expungement is done in maryland it is removed from court records, police records and CJIS, the feds can no longer see it under normal circumstances. It does remain in a sealed file area ( or computer ) which is only supposed to be able to be seen with a court order from the court that granted the expungement.

The MSP are stating that they can see it, so its not 100% and in their mind the wyoming case means that there is still a fed prohibition because the file still exists even hidden. So they are refusing to grant 77r, hql and hgp to those with a conviction that is expunged. They are saying in their opinion the person is still prohibited under fed law, and they are required to follow fed law. Even thou the feds cant see the case anymore, but under state law they are allowed to have a firearm. But since the MSP controls regulated transfers, they wont let them go thru under the "fed" disqualifying laws.

I agree. I was told by a CJIS personal that the FBI doesn't have the record of your conviction. They get their information from the CJIS in your state therefore it has to be totally removed by CJIS for the FBI not to see it. This is usually the final stage of the expungement process because when you are all clear, CJIS/Department of corrections and Public Safety will send you a copy of your updated record with whatever you had expunged removed. I've had my expungement since 2019 and I've obtained MD HQL, CCW, DC CCW, collectors, and suppressors.

Eastern_Water_Moccasin said:

I agree. I was told by a CJIS personal that the FBI doesn't have the record of your conviction. They get their information from the CJIS in your state therefore it has to be totally removed by CJIS for the FBI not to see it. This is usually the final stage of the expungement process because when you are all clear, CJIS/Department of corrections and Public Safety will send you a copy of your updated record with whatever you had expunged removed. I've had my expungement since 2019 and I've obtained MD HQL, CCW, DC CCW, collectors, and suppressors.

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didnt you say in a earlier post that your conviction did not meet the mandatory 24 month sentence guidelines??? i think it was you i apologize if im wrong. because that right there is a huge difference. mine fits that bill. the sentence carried a max of 24 months or whatever it was and therefore is causing me a ton of grief here. total bull shiiiiiii

scottyfz6 said:

Your best bet is to reach out the lawyer below. They very much know the ins and outs of this right now.

Katherine M. Martin, Paralegal
COHEN | HARRIS, LLC
40 York Road, Ste. 400
Towson, Maryland 21204
Katie@CohenHarris.com
443-915-0090 (Direct)
888-585-7979

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thanks for the info here but is it just a waste of time? since my offense carried the max term over what is allowed. am i just totally screwed or what? i think i am. and i was sooooo excited reading a few of the earlier post.

scottyfz6 said:

Your best bet is to reach out the lawyer below. They very much know the ins and outs of this right now.

Katherine M. Martin, Paralegal
COHEN | HARRIS, LLC
40 York Road, Ste. 400
Towson, Maryland 21204
Katie@CohenHarris.com
443-915-0090 (Direct)
888-585-7979

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i just set up a consult with the office here you listed. we will see what happens

Hard23 said:

i just set up a consult with the office here you listed. we will see what happens

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No. That wasn't me but my conviction was a ten year offense. A guy I know did 3 years in prison and got his record expunged too and had to get a pardon for another related crime. He just purchased his first gun last month. Just go through the process. Its very easy in Maryland.