HQL chances with misdemeanor -- pbj

pleez · Feb 21, 2020

RoadDawg said:
Again... PROVIDED it is not for domestic related charges.

Nothing was violent or domestic related. I just didn't make it easy to get into the cop car. Didn't hit the cop, didn't smack or anything violent. I just didn't get into the car willingly.

rob b · Feb 21, 2020

ride out the time and then expunge it
then apply

RoadDawg · Feb 21, 2020

pleez said:
Nothing was violent or domestic related. I just didn't make it easy to get into the cop car. Didn't hit the cop, didn't smack or anything violent. I just didn't get into the car willingly.

Well that would be resisting... so...

Again... talk to your attorney who advised you at the time. Find out what the greatest possible sentence in is for "Disorderly" (since that is what you plead guilty to.) And hopefully that is less than one year incarceration.

robmints · Feb 21, 2020

rob b said:
ride out the time and then expunge it
then apply

If he already applied he already answered the questions on the form. How id he answer?

outrider58 · Feb 21, 2020

RoadDawg said:
Yes... I know.

But in Maryland... it surprisingly enough... is possible after time and expungement... to be restored.

Nope. Not in some cases. Speaking personal experience, firsthand with/of a close friend. I bid the OP good luck. Beware a knock on the door at 0400 from Sgt Brasil.

ETA To be honest, this was a 40 year old beef and PBJs may have carried a different meaning back then.

RoadDawg · Feb 21, 2020

outrider58 said:
Nope. Not in some cases. Speaking personal experience, firsthand with/of a close friend. I bid the OP good luck. Beware a knock on the door at 0400 from Sgt Brasil.

Of course it is not going to be all cases. I know of very few... but I have seen it done. So it is not impossible.

GrimReaper · Feb 21, 2020

pleez said:
Yeah, my fault I did not explain that correctly. Looking at Maryland Judiciary system, I was originally charged with resisting arrest, and the State went with nolle, and moved the charge to a Disorderly conduct, which I did plead guilty and had to serve the PBJ. So, does the plead of guilty, is that not looking good for me? =(

I wasn't charged with resisting or anything, it just shows that was my original charge, and then I was charged with disorderly conduct. Misdemeanor, less than 1 year max jail time, still falls within not a felony or misdemeanor charge, but that PBJ, and everything in general is what's getting me so confused. Given it wasn't a violent act of crime or felony, am I looking good? I tried calling the MSP Lic unit but they were closed by the time I called.

You should be good. I believe only misdemeanors that have a max sentence over 2 years disqualify you. Shouldn't matter anyway since you received PBJ for disorderly conduct. Only pbjs for demostic violence or 2nd degree assault disqualify you.

Sent from my SM-N975U using Tapatalk

Virgil Co.C · Feb 21, 2020

Had a nolle prosequi when I got my hql. Was worried because it was some bs but key word , wasn’t convicted . No pbj involved but way it sounds you weren’t convicted of anything and having the nolle prosequi your case was dismissed / not prosecuted, tried. Think your fine . But there again I’m not a lawyer. Jmo.

pleez · Feb 21, 2020

robmints said:
If he already applied he already answered the questions on the form. How id he answer?

The app asked if I was convicted of any felony - which I haven't been convicted of any felony.
Or it said something else like a misdemeanor that carries over a 2 year sentence. Which a disorderly is less than 1 year. So both questions I answered no.

pleez · Feb 21, 2020

GrimReaper said:
You should be good. I believe only misdemeanors that have a max sentence over 2 years disqualify you. Shouldn't matter anyway since you received PBJ for disorderly conduct. Only pbjs for demostic violence or 2nd degree assault disqualify you.

Sent from my SM-N975U using Tapatalk

Virgil Co.C said:
Had a nolle prosequi when I got my hql. Was worried because it was some bs but key word , wasn’t convicted . No pbj involved but way it sounds you weren’t convicted of anything and having the nolle prosequi your case was dismissed / not prosecuted, tried. Think your fine . But there again I’m not a lawyer. Jmo.

I really hope so.

Does anyone know the time frame of "if you do get denied" when they send the mail or email? Do they ever send an email for denied apps? Or is it just mail? I haven't received one single email so far.

robmints · Feb 21, 2020

pleez said:
I really hope so.

Does anyone know the time frame of "if you do get denied" when they send the mail or email? Do they ever send an email for denied apps? Or is it just mail? I haven't received one single email so far.

Did you sign back in and see if you are still pending/processing?

Walt1879 · Feb 21, 2020

I had charges that I got pbj for I had mine expunged and mine just went thru recieved my card today.

pleez · Feb 21, 2020

robmints said:
Did you sign back in and see if you are still pending/processing?

Still pending, the only that is completed is the application/fee being sent in. Even though finger print is done and I just literally got the mail today, that is still listed as unchecked

t84a · Feb 21, 2020

I don't think you'll have an issue.

Walt1879 · Feb 21, 2020

Took 12 days before anything other then the app fee changed on mine. Then it was everything but the background checks

Squaregrouper · Feb 21, 2020

pleez said:
Yeah, my fault I did not explain that correctly. Looking at Maryland Judiciary system, I was originally charged with resisting arrest, and the State went with nolle, and moved the charge to a Disorderly conduct, which I did plead guilty and had to serve the PBJ. So, does the plead of guilty, is that not looking good for me? =(

I wasn't charged with resisting or anything, it just shows that was my original charge, and then I was charged with disorderly conduct. Misdemeanor, less than 1 year max jail time, still falls within not a felony or misdemeanor charge, but that PBJ, and everything in general is what's getting me so confused. Given it wasn't a violent act of crime or felony, am I looking good? I tried calling the MSP Lic unit but they were closed by the time I called.

The highlighted statement, if correct, will not cause you to be rejected for a HQL.
You are good to go.
/thread.

robmints · Feb 21, 2020

pleez said:
Still pending, the only that is completed is the application/fee being sent in. Even though finger print is done and I just literally got the mail today, that is still listed as unchecked

Did you fill in the fingerprint Tracking number on your application? I don't understand the "mail". When you do the livescan they give you tracking #, you put that in one of the fields on the application. In the old days of the hql you only had 48 hours? to put that number in.

Muleskinner · Feb 21, 2020

A friend of mine has a old misdemeanor distribution charge that did not keep him from getting his HQL or make him prohibited. I recently introduced him to the world of 80% building...BUT FIRST He went and bought a 30.06 bolt gun for hunting and a highpoint carbine in .45ACP with no issues..So I think if you had a PBJ you should be fine.

pleez · Feb 21, 2020

robmints said:
Did you fill in the fingerprint Tracking number on your application? I don't understand the "mail". When you do the livescan they give you tracking #, you put that in one of the fields on the application. In the old days of the hql you only had 48 hours? to put that number in.

Yeah I entered in the tracking number from the finger print paper work I got. When I mean “mail” in the website it says something like “if your application has been denied, you will be emailed or mailed within 2-3 days a letter stating the denied app” or something like that.

t84a · Feb 21, 2020

I thought they had 30 days.

HQL chances with misdemeanor -- pbj

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