Family member with a Felony (Marijuana) possible to expunge?

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  • Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    I've wanted to post this for some time but wanted to try and find the answers on my own.
    While I know this topic is somewhat controversial in other threads which I quickly searched and could not find very much info on...
    I'll ask on her anyhow while I continue to investigate more..

    I have a family member that was convicted of marijuana possession/distribution just over 25yrs ago here in Maryland.. From what I recall plead in return for no jail/prison time with 5yrs probation plus fines etc

    Sadly I know he has, for a long time wanted to own and shoot firearms but cannot.
    He has been extremely instrumental in making me the person I am today.
    He has helped soo many people be it friends or family over the years (far more than I ever would). Overall impacting and steering many people in a much better life than without his support/help.
    Honestly I would love nothing more than to help him restore a hobby he grew up around and loved.
    If it is feasible to have expunged, it would be a great honor to treat him to a gift that I know would mean a lot to him (literally no one does nice things for him, ie various people have used and abused his generosity again and again)

    I read an article last winter hogan had signed a bill allowing "certain" non violent offenders to be expunged.
    From 25yrs ago to today obviously marijuana is not held to the same dangerous substance, I think even Maine and another state just announced grow sites!

    However I cannot pin down whether or not this would qualify, with current articles kinda vague from information I've come across..

    Any examples of someone getting a non violent felony expunged somewhat recently to restore their 2a and other rights?
    Best to just search around for a lawyer who specializes in something like this?

    Any help is much appreciated
     

    iH8DemLibz

    When All Else Fails.
    Apr 1, 2013
    25,396
    Libtardistan
    Have your friend call a lawyer that deals with drug convictions and firearms.

    You may find one in the IP section on this forum.

    Good luck.
     

    joppaj

    Sheepdog
    Staff member
    Moderator
    Apr 11, 2008
    46,379
    MD
    This is an easy answer. You need a lawyer. I'm sure there are plenty who handle drug convictions so it shouldn't be that hard to find one.
     

    Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    just providing additional info

    Certainly much appreciated, sorry I didn't mean it that way just finding the information to be disappointing from what I had hoped for.


    I called and left a message with the IP's secretary referenced in this thread. Surprised they answered on a Saturday

    In the meantime I'll keep my fingers crossed. I do feel hopeful a marijuana charge in this day and age could be a solid candidate
     

    CharlieFoxtrot

    ,
    Industry Partner
    Sep 30, 2007
    2,525
    Foothills of Appalachia
    As you have found out there is still no mechanism even under the new 10/1 law to have a felony conviction expunged in Maryland. The only way right now to have his rights restored in Maryland would be a pardon from the governor.

    However, I have found that people's recollections about these things are not always accurate especially when it happened so long ago. To be 100% sure I would have him go to the clerk's office where the case was heard and get a copy of the docket entries of the case. Then I would consult with a lawyer about it. They should be able to tell you in about one minute after looking at the docket entries if there is any chance.
     

    Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    As you have found out there is still no mechanism even under the new 10/1 law to have a felony conviction expunged in Maryland. The only way right now to have his rights restored in Maryland would be a pardon from the governor.

    However, I have found that people's recollections about these things are not always accurate especially when it happened so long ago. To be 100% sure I would have him go to the clerk's office where the case was heard and get a copy of the docket entries of the case. Then I would consult with a lawyer about it. They should be able to tell you in about one minute after looking at the docket entries if there is any chance.

    Thank you! I have a great memory and cannot hardly remember much from 10yrs much less recall 25yrs ago, his actual court documents should clear the air when I see them..
    Is the pardon request something I should be capable of doing on my own?

    Edit* Just found the link sheesh 27 pages
    http://www.dpscs.state.md.us/publicservs/pdfs/Application-for-Pardon-Revised.pdf
     
    Last edited:

    Greisnir

    Member
    Apr 22, 2015
    97
    25 years and it still causes issues?
    I have to say that's an unfair justice system.

    In my home country they clean the records if one has been a good law abiding citizen for the last five years after the date of the sentence if it was no jail time involved. I think it is ten years if one was sentenced to jail.
    The records are still there but can only be accessed by a court order if I remember correctly. For the public and the Police the records are clean.

    A bit off topic, just some ventilation of thoughts.
     

    Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    My thought on the matter is if it's not a violent act, after 5-10yrs of paying your dues you should be automatically restored to a clean slate with all your rights.
    If it's a major violent crime longer time frame and with more headache to pardon/expunge.
    The real downer would be if Maryland legalized marijuana in the next few years, would make this matter that much more sad..
     

    Sticky

    Beware of Dog
    MDS Supporter
    Mar 16, 2013
    4,500
    AA Co
    My thought on the matter is if it's not a violent act, after 5-10yrs of paying your dues you should be automatically restored to a clean slate with all your rights.
    If it's a major violent crime longer time frame and with more headache to pardon/expunge.
    The real downer would be if Maryland legalized marijuana in the next few years, would make this matter that much more sad..
    It doesn't work that way.. commit a felony and be found guilty, you pay a price, period.. the Gov is likely your only option, good luck with that.

    Even if they legalize said action later, it would still have been a felony conviction on your/his record. Something to ponder when you break the law.. ;)
     

    Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    It doesn't work that way.. commit a felony and be found guilty, you pay a price, period.. the Gov is likely your only option, good luck with that.

    Even if they legalize said action later, it would still have been a felony conviction on your/his record. Something to ponder when you break the law.. ;)


    People make mistakes, I have, you have, so on and so forth.. I promise you my record is cleaner than 99% than others on here.
    I highly doubt you were the same person you are today than 10-15-20-25yrs ago and if you are well I'm sorry your ability to grow and improve as a human halted..
    Now to sit here and say someone with a marijuana charge should pay for it for the rest of their life I completely disagree with. I don't smoke at all I don't drink at all, I honestly think alcohol should be more unlawful than the other hands down..

    For example..

    Raise your hand if you know someone who drinks and wanted to fight after drinking
    Raise your hand if you know someone who smokes marijuana and wants to fight after smoking

    Now raise your hand if you know someone who killed someone or has been killed by someone else drinking and driving
    Now raise your hand if you know someone who smoked marijuana and killed someone or was killed by someone smoking and driving

    Now that's something to ponder
    :)
     

    Sticky

    Beware of Dog
    MDS Supporter
    Mar 16, 2013
    4,500
    AA Co
    People make mistakes, I have, you have, so on and so forth.. I promise you my record is cleaner than 99% than others on here.
    I highly doubt you were the same person you are today than 10-15-20-25yrs ago and if you are well I'm sorry your ability to grow and improve as a human halted..
    Now to sit here and say someone with a marijuana charge should pay for it for the rest of their life I completely disagree with. I don't smoke at all I don't drink at all, I honestly think alcohol should be more unlawful than the other hands down..

    For example..

    Raise your hand if you know someone who drinks and wanted to fight after drinking
    Raise your hand if you know someone who smokes marijuana and wants to fight after smoking

    Now raise your hand if you know someone who killed someone or has been killed by someone else drinking and driving
    Now raise your hand if you know someone who smoked marijuana and killed someone or was killed by someone smoking and driving

    Now that's something to ponder
    :)
    I don't necessarily disagree with you, but the law has been that way forever and a day, hoping it will change is fine, but don't hold your breath.. This IS Md... lol
     

    rico903

    Ultimate Member
    May 2, 2011
    8,802
    25 years and it still causes issues?
    I have to say that's an unfair justice system.

    In my home country they clean the records if one has been a good law abiding citizen for the last five years after the date of the sentence if it was no jail time involved. I think it is ten years if one was sentenced to jail.
    The records are still there but can only be accessed by a court order if I remember correctly. For the public and the Police the records are clean.

    A bit off topic, just some ventilation of thoughts.

    That's all nice but what are the gun laws in your country? Easy to acquire or not?
     

    Rob R.

    Active Member
    Oct 29, 2016
    771
    Harford Co
    Thanks to those who contributed, I'll be in contact with a lawyer Monday

    As for others who got off topic.. I hope you get the attention and professional help you desperately need with whatever it is that is making your life miserable

    :)
     

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