So you will know in '2 weeks' (inside MDS joke you will understand with 48 more posts).
Good luck to you!
Getting HQL with expungment of charges?
- Thread starter Wheelman dan
- Start date
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- Tags
- arrest charges expungment hql marijuana
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Good luck to you!
MD_PA_Hunter
Member
- Jan 6, 2017
- 14
I received my MD HQL after a pardon/expungement from another state. I had no issues getting the HQL after the expungments had gone through. Good luck.
I agree.. That was always my understanding as well.
Wheelman dan
Member
- Feb 26, 2018
- 21
So I have an update and a question. My application is still pending but I just got a copy of my cjis report in the mail and one of the expungments went through, but the other possession of marijuana charge is still showing. I'm pretty sure it's only because it's been 2 months since my expungment and they are allowed 90 days to remove them from the system. So my question is does anyone know what number or email exactly I should contact to see if I can attach my expungment documents before my application is flat out denied, or will they contact me? I'm sure it would be cleared up if I appealed a denied hql and showed them the expungment documents, but I'd like to try and not have it be denied in the first place.
Wheelman dan
Member
- Feb 26, 2018
- 21
Nvm just found it in another thread
http://mdsp.maryland.gov/Organizatio...ContactUs.aspx
Thanks tylerfirearms
http://mdsp.maryland.gov/Organizatio...ContactUs.aspx
Thanks tylerfirearms
Glad you found it, good luck with the process!
I would advise anyone in a similar situation, to just bite the bullet and go through the expungement process, assuming you are able to and then, once you have all of the followup documentation from the appropriate agencies, do your HQL application. It just seems simpler and cleaner that way with less chance of issues with MSP.
IIRC, it can take 90 days for the corresponding agencies to remove the records and there is an initial 30 days or so for the courts to advise them to do so. It could be more like 120 days or more, but after that, you should be okay. Seems to me my buddy waited something like 3-4 months before all of his expungeables were completed.
I would advise anyone in a similar situation, to just bite the bullet and go through the expungement process, assuming you are able to and then, once you have all of the followup documentation from the appropriate agencies, do your HQL application. It just seems simpler and cleaner that way with less chance of issues with MSP.
IIRC, it can take 90 days for the corresponding agencies to remove the records and there is an initial 30 days or so for the courts to advise them to do so. It could be more like 120 days or more, but after that, you should be okay. Seems to me my buddy waited something like 3-4 months before all of his expungeables were completed.
DaemonAssassin
Why should we Free BSD?
No handgun for you. A charge of up to one year is allowed for a regulated firearm in MD. Your charge was up to 2 years.
Wheelman dan
Member
- Feb 26, 2018
- 21
All charges were expunged
Also it says right on the report sentence of 1 year...
U know what ur talking about or no?
DaemonAssassin
Why should we Free BSD?
Just because it is expunged, doesn't mean that they won't see it and deny your purchase of a handgun.
You want to be 100% sure you won't be denied, get a pardon.
Wheelman dan
Member
- Feb 26, 2018
- 21
I noticed that on the cjis report for the other charge that has been expunged it still leaves the arrest record, but it replaces "charged with ***" with "no charges or dispositions returned". Kinda leads me to believe that they can still see the arrest record but don't have immediate access to the expunged charge itself as it shows no charge returned. I agree with you though I know for a fact even after the 3 years they have to destroy the paper court records it's still in the system somewhere, expunged or not. But technically from what my lawyer has told me, given the specifics of MY case, my gun rights are restored and a pardon isn't always necessary. Most of the time a pardon is required for felons and violent offenders because those are not expungable in most cases.
CypherPunk
Opinions Are My Own
- Apr 6, 2012
- 3,907
I would have requested a copy of my record through CJIS before submitting a request for an HQL - just to make sure the expungement was completed.
I would also have thoroughly checked MD case search as well as submitting FOIA/PIA requests to the FBI, each state, county and city court or agency involved for a copy of any records.
Once all that comes back with no record, then submit the HQL app.
I would also have thoroughly checked MD case search as well as submitting FOIA/PIA requests to the FBI, each state, county and city court or agency involved for a copy of any records.
Once all that comes back with no record, then submit the HQL app.
Wheelman dan
Member
- Feb 26, 2018
- 21
Thanks for the info. I did check MD case search before I submitted anything and there was nothing and still is nothing listed there. I didn't submit a FOIA request because I was like this is f****** America and i shouldn't have to go through all this BS for a gun! But clearly I was mistaken so lol
Wheelman dan
Member
- Feb 26, 2018
- 21
Alright guys well much to my surprise my HQL went active this afternoon. So just a recap for anyone in this situation, I did have 2 separate misdemeanor marijuana charges, I was able to get them both expunged (one of them actually before I was technically eligible), took the course, submitted the hql application, which I had to go back and have a trooper attach my expungment forms to because the charges were still in the system, and then 2 days later it went active.
Just a piece of info for people in my boat or care to know, there is an amount of time that has to pass before you are eligible for a charge to be expunged (in my case I think it was 4 years for the weed charge). And that is 4 years from the time the case is CLOSED, not from the time of the arrest or judgment. At the time I filed for an expungment my most recent case had not been closed for four years, I was at like 3 years and a month or so. FILE FOR AN EXPUNGMENT ANYWAY, NO MATTER WHAT. They will deny it l, and u will appeal it and go to court to plead your case. Apparently neither I or the judge were aware that it is at the judges descresion to allow the expungment even if it is not yet eligible ( I'm not a lawyer this was literally discussed by the state's attorney and the judge while I was standing there). I had basically told the judge that these charges have severely hindered me from being able to get a decent job (I had been turned down for numerous jobs over those charges) and that it is extremely difficult to provide for my family when these employers will not consider my application due to these charges which are no longer even a criminal offense. I also told her I was in school and felt as if investing in my education was a fruitless effort if no employers will consider me as a prospective employee after I graduate. She agreed and had no problem granting the expungment. Good luck to anyone in my position, don't lose faith if you have people on forums telling you your SOL or just deal with it...(I got that a lot, not here though) You may have to go through a bunch of BS to get your rights back, but it's your second amendment right and well worth the effort and fight.
Just a piece of info for people in my boat or care to know, there is an amount of time that has to pass before you are eligible for a charge to be expunged (in my case I think it was 4 years for the weed charge). And that is 4 years from the time the case is CLOSED, not from the time of the arrest or judgment. At the time I filed for an expungment my most recent case had not been closed for four years, I was at like 3 years and a month or so. FILE FOR AN EXPUNGMENT ANYWAY, NO MATTER WHAT. They will deny it l, and u will appeal it and go to court to plead your case. Apparently neither I or the judge were aware that it is at the judges descresion to allow the expungment even if it is not yet eligible ( I'm not a lawyer this was literally discussed by the state's attorney and the judge while I was standing there). I had basically told the judge that these charges have severely hindered me from being able to get a decent job (I had been turned down for numerous jobs over those charges) and that it is extremely difficult to provide for my family when these employers will not consider my application due to these charges which are no longer even a criminal offense. I also told her I was in school and felt as if investing in my education was a fruitless effort if no employers will consider me as a prospective employee after I graduate. She agreed and had no problem granting the expungment. Good luck to anyone in my position, don't lose faith if you have people on forums telling you your SOL or just deal with it...(I got that a lot, not here though) You may have to go through a bunch of BS to get your rights back, but it's your second amendment right and well worth the effort and fight.
danb
dont be a dumbass
Welcome to MDS, and congratulations!
Sooooo.... now what are you buying
Wheel gun for the wheelman?Wheelman dan
Member
- Feb 26, 2018
- 21
Welcome to MDS, and congratulations!
Sooooo.... now what are you buying
Haha thanks man! Il actually be picking up a Sig P229, as much as I want a revolver eventually the wheelman handle comes from my driving antics
danb
dont be a dumbass
Good choice! Remember to include your feet in the picture.
My advice is don't get started on revolvers, you will never stop.
So, I’m going through a similar situation right now. I live in MD. I had a disqualifying Assault Charge Expunged in Nov 2018. I received my Order of Expungment PPW in the mail and it shows a list of all the agency’s who are to be notified of the judges order. The Maryland CJIS is on that list.
In Feb 2019 I decided to test the waters so I attempted to purchase an AR-15 at a gun show in Maryland. I was delayed on the intstant check. The gun dealer told me to check back in a few days. He told me that I could take possession after three days if I’m not denied. Three days came and went and no denial came. The dealer told me he could release the weapon to me but warned that if it turns out I’m denied they will come take the gun from me. So I waited a whole month and no denial so I went and got the gun. As of today April 2, 2019 I have my AR safe a cozy in my gun safe. No issues.
Now as for my HQL, I took the HQL class on March 24th 2019 and did my live scan and background on March 26th. I got a letter from CJIS on Friday 3/28/19. Unfortunately the letter still shows the Assault charge with a disposition of a PBJ. This is a concern because I was instructed by my HQL instructor and two different FFLs to answer “no”to the question on the application that’s askes if I’ve ever received a Pbj for assault.
A little concerned, today I called the CJIS and spoke to their Expungment department. The nice lady looked up my case, saw that the judge had ordered the charges expunged and she said she would process it immediately and it will come out of their records today. She also stated that, they will send me a confirmation letter that it has been done.
So my suggestion is, if you’ve gotten an order of Expungment from the court, save it and do the HQL process as normal. If your background check comes back with the charges still showing, just call them and give them the case number(s) of the Expungment charges. Too easy and no worries.
I hope that helps
Bryan.
In Feb 2019 I decided to test the waters so I attempted to purchase an AR-15 at a gun show in Maryland. I was delayed on the intstant check. The gun dealer told me to check back in a few days. He told me that I could take possession after three days if I’m not denied. Three days came and went and no denial came. The dealer told me he could release the weapon to me but warned that if it turns out I’m denied they will come take the gun from me. So I waited a whole month and no denial so I went and got the gun. As of today April 2, 2019 I have my AR safe a cozy in my gun safe. No issues.
Now as for my HQL, I took the HQL class on March 24th 2019 and did my live scan and background on March 26th. I got a letter from CJIS on Friday 3/28/19. Unfortunately the letter still shows the Assault charge with a disposition of a PBJ. This is a concern because I was instructed by my HQL instructor and two different FFLs to answer “no”to the question on the application that’s askes if I’ve ever received a Pbj for assault.
A little concerned, today I called the CJIS and spoke to their Expungment department. The nice lady looked up my case, saw that the judge had ordered the charges expunged and she said she would process it immediately and it will come out of their records today. She also stated that, they will send me a confirmation letter that it has been done.
So my suggestion is, if you’ve gotten an order of Expungment from the court, save it and do the HQL process as normal. If your background check comes back with the charges still showing, just call them and give them the case number(s) of the Expungment charges. Too easy and no worries.
I hope that helps
Bryan.
This is 100% accurate! I had a CDS charge back in 2001 (small amount of marijuana)...after 3 years, hired a lawyer and got it expunged. I saw the letters sent to ALL LE agencies ordering them to destroy any records.
So...a couple years later, I had to re-do my clearance for a higher one (TS) and was asked if I'd ever been arrested. I contacted my lawyer and he stated I can legally answer that with a "NO", and that all law enforcement agencies do NOT have any record of that arrest any longer. I was paranoid, but answered "NO" and had no problem getting my TS.
Negative. Rob is absolutely correct.
I had a CDS charge back in 2001 (small amount of marijuana)...after 3 years, hired a lawyer and got it expunged. I saw the letters sent to ALL LE agencies ordering them to destroy any records.
So...a couple years later, I had to re-do my clearance for a higher one (TS) and was asked if I'd ever been arrested. I contacted my lawyer and he stated I can legally answer that with a "NO", and that all law enforcement agencies do NOT have any record of that arrest any longer. I was paranoid, but answered "NO" and had no problem getting my TS.
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