Help..looking for more insight

JohnLavin · Oct 4, 2017

hey guys my name is john i got 2nd degree assault charges back in 2015? that lead to PBJ said...i never had a probation officer or anything i have found a thing called a waiver for release and it states i can file for it to be expunged before 3 years...anyone know if this is true? and if firearms purchases are ok after an expunged record was clean?

sorry if this is not the right section i'm just getting grips around here

Biggfoot44 · Oct 5, 2017

Welcome .

No, not really the best subforum , but no biggie, most people use the "new posts" button most of the time, and end up seeing all the post titles anyway .

And on behalf of the MDS communiry, I will present the Usual Answer :

"Don't ask us , ask your Lawyer" .

IANNL , and our members who Are lawyers in real life all make a point that nothing they may or may not say on internet forums are actual advice .

JohnLavin · Oct 5, 2017

Biggfoot44 said:
Welcome .

No, not really the best subforum , but no biggie, most people use the "new posts" button most of the time, and end up seeing all the post titles anyway .

And on behalf of the MDS communiry, I will present the Usual Answer :

"Don't ask us , ask your Lawyer" .

IANNL , and our members who Are lawyers in real life all make a point that nothing they may or may not say on internet forums are actual advice .

hence why i asked for insight on the subject i don't have a lawyer (it was a public defender whom of which will be contacted)

i said i wanted insight on the subject in case it was asked before and answered to some degree

joppaj · Oct 5, 2017

Thread moved to "Introductions".

j_h_smith · Oct 5, 2017

JohnLavin said:
hence why i asked for insight on the subject i don't have a lawyer (it was a public defender whom of which will be contacted)

i said i wanted insight on the subject in case it was asked before and answered to some degree

John, welcome. However, I want you to understand where some of are coming from. The advise you get here or on any web based forum is worth EXACTLY what you paid for it.

I would hope that you can find a lawyer who has a policy that allows you the first 30 minute meeting with them to be free of charge. They will then determine your best course of action and tell you if they can help you.

This is going to cost you some money, no matter what happens.

Have you looked into a pardon from the governor?

MikeTF · Oct 5, 2017

Edit: You might not be prohibited (see edit below).

If your record gets expunged you will be able to purchase firearms. This is not going to cost you money. You don't need to see a lawyer. Check your records online (if it was in MD) after you file the expungement papers and before you make a purchase here: http://casesearch.courts.state.md.us/casesearch/. If for some reason you have trouble with getting the record expunged, you can hire a lawyer and the cost will be under $500. You probably won't need a pardon from the Governor.

How do I know this: a very close friend, when he was very very young and barely an adult did something stupid and had to go through this. They absolutely turned their life around and have been squeaky clean for 30+ years. He decided to purchase a firearm with the belief that his record was expunged. It wasn't. He had to hire a lawyer to expunge the records, because (being young) he did not file the expungement papers or check to make sure that they were.

If it makes you feel better, you could probably go to see a reputable lawyer that understands firearms laws (there are a few here) and pay them $100 for 10 minutes of their time. I am not a lawyer.

Edit:
I'm adding this link for further clarification.

State law specifies that “convicted of a disqualifying crime” includes: (i) a case in which a person received probation before judgment for a crime of violence; and (ii) a case in which a person received probation before judgment in a “domestically related crime,” but does NOT include a case in which a person received a probation before judgment for assault in the second degree, or that was expunged under a certain section of Maryland law.2

Based on the bolded item, you may not have to wait for expungement. Again, I am not a lawyer.

Dave MP · Oct 5, 2017

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LGood48 · Oct 6, 2017

Howdy!

swinokur · Oct 6, 2017

Howdy. Join our fight.

www.marylandshallissue.org
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Help..looking for more insight

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