Another expungement thread, with VERY IMPORTANT INFO Very good update added

[scottyfz6]

No correspondence I haven't reached out to them either.

Why not? email Katie
Katie@CohenHarris.com

 

[vr6jettaboy]

So I've been denied and my appeal denied as well, while trying to purchase an unregulated firearm. I have an hql and have bought handguns. Noone can give me a definitive answer on how or what my options are. Letter also references crank vs us and Maryland's expungement qualifications not meeting federal standards. I would assume this is entirely a Maryland issue in lieu of my expungement through Maryland granting me an HQL allowing me to purchase regulated firearms then being denied years later. There's no way that the feds should have been able to access the records unless Maryland does have a faulty expungement process. I have an attorney I can't imagine why this isn't a case to set precedent as well as satisfying a flaw in a process that is supposed to be seamless and empower an individual who is being proactively conscious to become productive and be a better person. It's very discouraging when your past is used as a weapon on your character, and even more so when you thought you had moved forward and made a positive improvement.

Keep fighting brother i'm getting ready to fight them as well my past is the past i have a ton of expunged charges of guilty dispositions that i know they are going to deny me my 2a rights .

 

[ebrew4]

No crank vs us sets precedent for federal oversight into a states expungement processes and proceedings and allows the federal oversight and capability to override and states ruling on interpretation. This is always the case in supreme court rulings they become law of the land the only way to overturn would be move through the levels of court proceeding in your state and be granted a federal supreme court case. This isn't unheard of actually Maryland has set quite a few precedents recently including if a vehicle is served with probably cause and nothing is found they cannot search your person after the fact.

 

[ebrew4]

I was given a W&C almost two years ago in August. In that same month and year I was denied the HQL. Why? Because you caught a charge and conviction in 1987 which disqualified you. Yeah, we know you had it expunged, but the Federal Government is no longer excepting Maryland expungements. Now the thing is..I was told by the MSP " sonny you get that conviction expunged and your good to go on the W&C. I did and the permit came that week when I gave them the compliance order from the Circuit Court.
I requested my file from the FBI and guess what? The conviction was gone, and so was the CJIS file..expunged in both systems.
Sonny, you can have a drivers license but you can't buy a car. No rhyme no reason just screwed.

 

[ebrew4]

I was given a W&C almost two years ago in August. In that same month and year I was denied the HQL. Why? Because you caught a charge and conviction in 1987 which disqualified you. Yeah, we know you had it expunged, but the Federal Government is no longer excepting Maryland expungements. Now the thing is..I was told by the MSP " sonny you get that conviction expunged and your good to go on the W&C. I did and the permit came that week when I gave them the compliance order from the Circuit Court.
I requested my file from the FBI and guess what? The conviction was gone, and so was the CJIS file..expunged in both systems.
Sonny, you can have a drivers license but you can't buy a car. No rhyme no reason just screwed.

So.. am I legal or illegal? WTF?

 

[scottyfz6]

So.. am I legal or illegal? WTF?

You need to reach out to the cjis division in maryland and have them remove the record from the quarantined file section. The should do it on request, esp if it was expungened over 3 years ago.

Katie at cohen and harris knows what you need to do. They have done it for some one else.

 

[ebrew4]

Thanks. Not sure I understand. My Cijis record was clear, I got a letter of compliance to the court order of expungement as well as a copy of my official state diploma (criminal record). The change and conviction were removed. Are you saying there a record that the state is still holding on to?

 

[ebrew4]

To be clear the state and its agencies had 90 days to comply. I have compliance letters from all involved agencies well within that 90 day time frame. It sounds like the MSP is holding onto a card removed from the deck.

 

[ebrew4]

So if I reapplied would the result be different? Would this affect a renewal of W&C permit?

 

[scottyfz6]

Thanks. Not sure I understand. My Cijis record was clear, I got a letter of compliance to the court order of expungement as well as a copy of my official state diploma (criminal record). The change and conviction were removed. Are you saying there a record that the state is still holding on to?

The expungement is not a true expungement in the SP eyes, yes cjis still has records locked away from almost everyones eyes, including the feds. The state police can see it even thou they are not supposed to be able to. So they say "if we can see it, it does not meet the standards set in Crank". So getting cjis to remove the file from the quarantined files removes it completely and after than it is gone and the SP cant see it any more.

 

[scottyfz6]

So if I reapplied would the result be different? Would this affect a renewal of W&C permit?

Yes it will as the SP started following crank standards after you got your W&C. When you go to renew they will see it and apply it.

I am not sure if I have said it... CALL COHEN AND HARRIS

 

[ebrew4]

Good to know. Now is this something I can do as a party to the case..Pro Se? That is by letter or a form or is this something best left to a lawyer?

 

[ebrew4]

Cohen & Harris first thing in the AM

 

[scottyfz6]

Good to know. Now is this something I can do as a party to the case..Pro Se? That is by letter or a form or is this something best left to a lawyer?

no its a phone call as far as I know, but having a lawyer do it gives it a little incentive for them to do it.

 

[ScottyDub]

I would like to chime in for advice if possible. My situation is a bit different then what has been discussed. I had a 2nd degree assault and destruction of property from back in 1996. When MD changed the expungement laws again last year I immediately had them expunged as they were the only charges I had that affected my 2A rights.

I received the letter of compliance from CJIS on 12/6/23. I took my HQL class in January of this year and was approved for an HQL on 2/1/24. I went across the road and found a nice P320 at the pawn shop, filled out a 77R, waited a week, got my "not disapproved" letter and went to pick up the handgun. All is well.

A few days later I went to a different shop and tried to purchase an AR. The check came back as "delayed" for three days and them was denied. I am thinking.. "How do I get approved for a pistol and then get denied a long gun?". I challenged the denial and the FBI basically upheld it but wouldn't tell me what "conviction" they were denying me based upon.

I checked with Montgomery County Police as they are the record holders of my conviction per the FBI and they confirmed that the only record they have is a paraphernalia charge from 1997. I then tried the state police and was advised that -
"The federal government (FBI NICS & ATF) do not accept a Maryland expungement to remove federal firearm restrictions. Your previous Assault conviction would be a federal firearm disqualifying offense because of the maximum penalty of the crime. You would need to seek a Maryland Governor's Pardon in order to obtain your federal firearm rights back." This is from the state police licensing division. So they approved me for an HQL and handgun purchase but are telling me I can't buy a long gun because the feds don't "accept" MD expungements. Seems odd to say the least.

I may have just jumped the gun a bit (No pun intended lol). On 2/20/24 I received another letter of compliance from the Montgomery County Police and district court for Montgomery County. Oops...

I also have a consultation setup for later this week with the folks at Cohen/Harris.

 

[Squaregrouper]

I checked with Montgomery County Police as they are the record holders of my conviction per the FBI and they confirmed that the only record they have is a paraphernalia charge from 1997. I then tried the state police and was advised that -
"The federal government (FBI NICS & ATF) do not accept a Maryland expungement to remove federal firearm restrictions. Your previous Assault conviction would be a federal firearm disqualifying offense because of the

I think I am missing something here.

 

[eruby]

.

Spider sense, shine box
I should be a better man
Trust, but verify

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[ScottyDub]

I think I am missing something here.

The assault charge is the one that was expunged last year. The paraphenalia is still there. I didn't bother to ex;unge it cause it is not a disqualifier...

 

[ebrew4]

The assault charge is the one that was expunged last year. The paraphenalia is still there. I didn't bother to ex;unge it cause it is not a disqualifier...

So I am told.. if the paraphernalia was related to drugs other than Marijuana crack, coke, smack etc well its a disqualifying conviction as it carries 2+ years possible. So I am told.
Ya may want to get down to Rockville and have that expunged as well. Couldn't hurt. Ask your lawyer.

 

[Squaregrouper]

So I am told.. if the paraphernalia was related to drugs other than Marijuana crack, coke, smack etc well its a disqualifying conviction as it carries 2+ years possible. So I am told.
Ya may want to get down to Rockville and have that expunged as well. Couldn't hurt. Ask your lawyer.

Not true. Paraphernalia convictions >1yr old are not disqualifying crimes.

https://www.justice.gov/file/1385186/download