Denied and frustrated.

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  • montigre

    Member
    May 16, 2016
    97
    Too much chatter, boys..... Your clearance may be gone, but your responsibility remains....
     

    Comp Man

    Member
    Sep 30, 2016
    8
    Theft over $300 was a felony back then.

    Convicted felons are federally prohibited.

    I found this out from a lawyer yesterday. Seems my only option is pardon and then expungement. I still might try and file for a new trial. I never knew this was a felony. I would have hired a lawyer had I knew the severity of the situation. I was under the impression it was a misdemeanor.
     

    robmints

    Ultimate Member
    Jan 20, 2011
    5,135
    Ask him if any type of sentence modification is possible. Would not necessitate a pardon and could be done by a judge. The request may have had to have been done in a certain amount of time though, so you may have waited too long. But maybe not. Doesn't hurt to ask.
     

    nmyers

    Active Member
    Jul 9, 2016
    154
    I'm glad that you spoke to a lawyer; you finally got the correct answer. Actually, all you need is the pardon; expungement may help with security clearance, but it has nothing to do with possessing a firearm.

    You may be able to do it yourself & save some money; here is where you start: https://www.dpscs.state.md.us/publicservs/pardons.shtml

    Be sure that you want to do this. If you start down this road, there will be an investigation by MSP, & they may talk to your employer or neighbors. And, the annual pardon list is subject to FOIA, so your name may end up in the newspaper.
     

    Comp Man

    Member
    Sep 30, 2016
    8
    I'm glad that you spoke to a lawyer; you finally got the correct answer. Actually, all you need is the pardon; expungement may help with security clearance, but it has nothing to do with possessing a firearm.

    You may be able to do it yourself & save some money; here is where you start: https://www.dpscs.state.md.us/publicservs/pardons.shtml

    Be sure that you want to do this. If you start down this road, there will be an investigation by MSP, & they may talk to your employer or neighbors. And, the annual pardon list is subject to FOIA, so your name may end up in the newspaper.

    Thanks for the info. Yes I want my rights restored. I've done stupid shit but this is something i actually didn't do. I was young and stupid. I thought they can't convict you if you didn't do it. I was wrong. After I was convicted I was under the impression it was a misdemeanor and wasnt too worried about it. I didn't even have a lawyer. I didn't appeal the conviction because I thought it wasn't worth the time and money that I didn't have at the time. Had I known I was loosing my constitutional rights and I was now a fellon i would have had a lawyer the first time. I never could have imagined I was a fellon with all the background checks I've passed. It's my fault. I was ignorant.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,772
    If you haven't committed any other crimes, I would think you'd be a good candidate for a pardon.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    I'm not sure how you didn't know it was a felony.

    If you went in front of a court commissioner they told you and gave you the charges. If you were just served with a summons the charges and penalty was on it.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,418
    Being informed, and paying attention are two different things.

    ( Not slamming the 2016 version of OP.)
     

    nmyers

    Active Member
    Jul 9, 2016
    154
    Comp Man, don't beat yourself up over this. It wasn't your fault, it's the system (as rigged by the Miller/Busch/Frosh worshipers).

    Those who have never stood in front of a judge in criminal court can't understand how confusing the process is. The clerk is reading off a list of charges that you don't really understand, the judge has an early tee time he doesn't want to miss, & you are just hoping to avoid going to jail. All you have to do is plead guilty & pay a fine & court costs, & you can walk out ---- free. Seems like a great deal.

    Even folks on this forum don't understand that, in Maryland, it has nothing to do with "felony" or "misdemeanor". You lose your gun rights (& possibly your right to vote) UNDER FEDERAL LAW if you are convicted of any crime for which the possible sentence is > 1 year in prison. MARYLAND IS ONE OF THE FEW STATES WHERE A MISDEMEANOR CAN BE PUNISHABLE BY UP TO 6 YEARS IN PRISON!

    Under the 2013 MD gun act, violation of the hi-capacity magazine provision is a misdemeanor punishable by up to 2 years in prison. Not likely anyone will really go to jail for this, but the whores will lose no opportunity to take away your gun possession rights forever!

    Many folks with problems in the past are blissfully ignorant of their status. State & local agencies continue to computerize old paper records (largely with federal grant money), but people won't know it affects them until they try to buy a gun. Good luck getting relief; now that we have an intelligent, compassionate governor, your chances look a lot better.
     
    Last edited:

    esqappellate

    President, MSI
    Feb 12, 2012
    7,408
    Comp Man, don't beat yourself up over this. It wasn't your fault, it's the system (as rigged by the Miller/Busch/Frosh worshipers).

    Those who have never stood in front of a judge in criminal court can understand how confusing the process is. The clerk is reading off a list of charges that you don't really understand, the judge has an early tee time he doesn't want to miss, & you are just hoping to avoid going to jail. All you have to do is plead guilty & pay a fine & court costs, & you can walk out ---- free. Seems like a great deal.

    Even folks on this forum don't understand that, in Maryland, it has nothing to do with "felony" or "misdemeanor". You lose your gun rights (& possibly your right to vote) UNDER FEDERAL LAW if you are convicted of any crime for which the possible sentence is > 1 year in prison. MARYLAND IS ONE OF THE FEW STATES WHERE A MISDEMEANOR CAN BE PUNISHABLE BY UP TO 6 YEARS IN PRISON!

    Under the 2013 MD gun act, violation of the hi-capacity magazine provision is a misdemeanor punishable by up to 2 years in prison. Not likely anyone will really go to jail for this, but the whores will lose no opportunity to take away your gun possession rights forever!

    Many folks with problems in the past are blissfully ignorant of their status. State & local agencies continue to computerize old paper records (largely with federal grant money), but people won't know it affects them until they try to buy a gun. Good luck getting relief; now that we have an intelligent, compassionate governor, your chances look a lot better.
    .

    Actually it is 3 years and/or fine of $5000. See MD Code, Criminal Law, § 4-306:

    (a) Except as otherwise provided in this subtitle, a person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

    And Swinokur is right. A crime punishable by imprisonment by a term in excess of 2 years is a disqualifing crime. Here is the operative language from 18 U.S.C. 921:
    20) The term “crime punishable by imprisonment for a term exceeding one year” does not include--
    (A) any Federal or State offenses pertaining to antitrust violations, unfair trade practices, restraints of trade, or
    other similar offenses relating to the regulation of business practices, or
    (B) any State offense classified by the laws of the State as a misdemeanor and punishable by a term of impris-
    onment of two years or less.
     

    Name Taken

    Ultimate Member
    Feb 23, 2010
    11,891
    Central
    Comp Man, don't beat yourself up over this. It wasn't your fault, it's the system (as rigged by the Miller/Busch/Frosh worshipers).

    You really don't think its the guys fault who put himself in a situation to stand in front of the judge?

    At some point and time he was actually given his changing paperwork. So if you didn't bother to listen and understand the judge and didn't bother to read the paperwork I'm not really sure what else the courts can do to help you understand the charges, type of crime, and punishment.

    The rest of your post who has a bunch of wrong information as well but it really doesn't change your point so I won't correct it.
     

    MDFF2008

    Ultimate Member
    Aug 12, 2008
    24,772
    Without knowing the OPs background it's hard to say. Think about how messed up some of the public schools are here, are they teaching this stuff?

    The OP wouldn't be the first person who the schools failed and as a result got into a bad spot.

    Sent from my SM-G920V using Tapatalk
     

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