Getting HQL with expungment of charges?

rob said:

Expunged means it is legally removed from your record.

Expunged means that you can legally answer 'no' to a "have you ever been convicted" question.



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danb said:

Some people are reporting HQL approval in days..... so you may know very soon.

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Wheelman dan said:

The crimes were two seperate misdemeanor possession of marijuana charges, mind you this was before under 10 grams was decriminalized. Received probation before judgment for one and guilty on the other. Completed all court orders and cases were closed in 2014. Max sentence was up to 2 years, but I served none. Both charges are now expunged and I have been told by my lawyer my gun rights should be restored through this process unless the expungment order explicitly states otherwise. I have no violent history or felonies. What do u think fabsroman?

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fabsroman said:

Stagstalker is correct, law enforcement can always see what you were charged with, even after it is expunged.

Are you quoting something your attorney sent you? So what if Maryland enacted a law to allow for the expungement of police, conviction, and other official records for enumerated offenses?

You need to ask whether expungement of an offense means it is no longer a disqualifying offense for NICS.

Did you receive probation before judgment or probation after being found guilty and having a guilty verdict entered against you? There is a huge difference. Depending on the answer to that, the next step would be looking up the maximum sentence carried by the criminal charge.

Not enough information provided by you, and not enough time on my hands to go further with this.

Good luck and keep us posted regarding the final outcome.

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A1Uniform said:

I received numerous MD expungement notices over the years I was in law enforcement in Maryland.

If it is expunged, the records are removed, and everyone, down to the arresting officer is notified of the expungement, which means it should not even be discussed.

States can handle it differently with regard to sealing, removing and/or destroying records.

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fabsroman said:

Just because it shouldn't, does not mean it is so. Some people in Baltimore City shouldn't possess a firearm, but they do.

Yes, in a perfect world, once expunged it would be wiped from the face of the Earth. The law enforcement agencies, courts, etc. are supposed to remove all trace of the incident, and the court file is supposed to be shredded three (3) years after the exungement is granted.

Not posting this in response to what you have posted, but just as a resource for others regarding expungements:

https://mdcourts.gov/sites/default/...rtforms/joint/ccdccr072br.pdf/ccdccr072br.pdf

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A1Uniform said:

I received numerous MD expungement notices over the years I was in law enforcement in Maryland.

If it is expunged, the records are removed, and everyone, down to the arresting officer is notified of the expungement, which means it should not even be discussed.

States can handle it differently with regard to sealing, removing and/or destroying records.

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Wheelman dan said:

Thanks for your responses guys. Its my understanding that what A1Uniform stated is true, is should not even be discussed. An expungment of these misdemeanor charges should put me in the free and clear, from my lawyers mouth to you. With that being said what fabsroman said is equally true, just because it should be gone doesn't mean it is. Only time will tell at this point but im still waiting to here from some members in this situation! If you had misdomeanor charges that would normally prohibit you from obtaining a regulated firearm and or HQL expunged were you denied or passed!? Don't leave me in suspense here!

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danb said:

The law allowing these expungements was passed in 2016 IIRC. You literally could be the first one to try to get an HQL. We are all eagerly awaiting the outcome (and also hoping it turns out in your favor).

Be sure to join Maryland Shall issue and fight for your right to self defense in this state.

And if you do, you may be the first person to be an "expert" in something gun related (getting expungement and then HQL) in under 50 posts. You will do doubt, get a lot of questions on how-to so stick around.

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thanatron said:

I have a friend that I grew up with that had multiple DUI's, DUI related accidents, and did a combined 5+ years in Baltimore and Jessup prison for all the DUI's. He also had a domestic charge. All this was on MD casesearch.

I spent several hours one day and collected all the cases that were listed on casesearch, printed them up, and collected all the forms that were required to
submit to the MD courts for expungment. All of this was done within last 2 with him hoping to get an HQL and to be able to purchase a handgun. His wife submitted the money and requests w/ out a lawyer and after a few months the casesearch cases were all removed.

I took him to worth-a-shot where he did his HQL paperwork.. waited close to 20 days IIRC and received his HQL card in the mail. He completed his MD hunter safety course in 2012.

He has not tried to purchase a firearm since receiving his HQL.

Just wanted to pass this info on.. I was certain he would not be approved.

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Wheelman dan said:

I've seen plenty of guys get incomplete marks in these areas and later in the day they are approved. As of right now I'm still "pending" status so I should have a final status in the next 1-4 days I would imagine.

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thanatron said:

I have a friend that I grew up with that had multiple DUI's, DUI related accidents, and did a combined 5+ years in Baltimore and Jessup prison for all the DUI's. He also had a domestic charge. All this was on MD casesearch.

I spent several hours one day and collected all the cases that were listed on casesearch, printed them up, and collected all the forms that were required to
submit to the MD courts for expungment. All of this was done within last 2 with him hoping to get an HQL and to be able to purchase a handgun. His wife submitted the money and requests w/ out a lawyer and after a few months the casesearch cases were all removed.

I took him to worth-a-shot where he did his HQL paperwork.. waited close to 20 days IIRC and received his HQL card in the mail. He completed his MD hunter safety course in 2012.

He has not tried to purchase a firearm since receiving his HQL.

Just wanted to pass this info on.. I was certain he would not be approved.

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fabsroman said:

Last I checked, not only is a guilty verdict on a DUI not able to be expunged, but a PBJ on a DUI charge cannot be expunged either.

Crim Proc §10–105.
(a) A person who has been charged with the commission of a crime, including a violation of the Transportation Article for which a term of imprisonment may be imposed, or who has been charged with a civil offense or infraction, except a juvenile offense, as a substitute for a criminal charge may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if:
(1) the person is acquitted;
(2) the charge is otherwise dismissed;
(3) a probation before judgment is entered, unless the person is charged with a violation of § 21–902 of the Transportation Article or Title 2, Subtitle 5 or § 3–211 of the Criminal Law Article;

If your buddy was able to have DUI convictions expunged, he got really, really lucky.

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