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

[scottyfz6]

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 -


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.

Ya may want to get down to Rockville and have that expunged as well. Couldn't hurt. Ask your lawyer.

Okay my 2.5 cents ( inflation ) is yes do what Cohen and harris say to do.

But I would bet the arrest for the drug related charge is showing on your FBI rap sheet as a no disposition case, aka they never closed it out. Or it could be listed wrong on the record. Maryland did not hit you on it as they can see the maryland court records directly and can see it was not disqualifying. The FBI rap sheet shows what is sent to them during and arrest with finger prints and other stuff. So if you git arrested and it was sent to the fbi and then dropped or found not guilty or what ever and the county ( not the state ) did not send the final end of stuff to the fbi it did not get updated. Like they could have arrested you for drugs ( disqualifying level ) and you plead to paraphernalia, the FBI only sees it as the drug charge.

You need to send to the FBI for your rap sheet, its cheap and easy and does not take long if you do it online, just a few weeks. Then Go to the county and file for an expungement of the charges, but request your record on the case from the county and send that to the FBI while the expungement works it was thru. That way your cover both bases, because if the county does the expungement, the record from the fbi will still be there as the records they are probably seeing are internal fbi records not the cjis system.

 

[ebrew4]

Good to know and obviously works in your favor. However it may hang you up in future purchases. That said, it can't hurt to get it expunged. Again before going to Rockville consult with Cohen on the matter. My best advice, hope it works out.

 

[ScottyDub]

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

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

Agreed. I may just pay the $30 and get rid of it this point anyway...

 

[ScottyDub]

Okay my 2.5 cents ( inflation ) is yes do what Cohen and harris say to do.

But I would bet the arrest for the drug related charge is showing on your FBI rap sheet as a no disposition case, aka they never closed it out. Or it could be listed wrong on the record. Maryland did not hit you on it as they can see the maryland court records directly and can see it was not disqualifying. The FBI rap sheet shows what is sent to them during and arrest with finger prints and other stuff. So if you git arrested and it was sent to the fbi and then dropped or found not guilty or what ever and the county ( not the state ) did not send the final end of stuff to the fbi it did not get updated. Like they could have arrested you for drugs ( disqualifying level ) and you plead to paraphernalia, the FBI only sees it as the drug charge.

You need to send to the FBI for your rap sheet, its cheap and easy and does not take long if you do it online, just a few weeks. Then Go to the county and file for an expungement of the charges, but request your record on the case from the county and send that to the FBI while the expungement works it was thru. That way your cover both bases, because if the county does the expungement, the record from the fbi will still be there as the records they are probably seeing are internal fbi records not the cjis system.

I can confirm it had nothing to do with the paraphenalia charge. MSP sent a request for information based on my inquiry and this was the response -

"You're welcome sir. I have confirmed that the reason for denial is related to your previous conviction for Common Law Assault and Conspiracy to commit Malicious Destruction of Property + $300 value. Obtaining a Governor's Pardon may be your only remedy."

 

[ScottyDub]

Okay my 2.5 cents ( inflation ) is yes do what Cohen and harris say to do.

But I would bet the arrest for the drug related charge is showing on your FBI rap sheet as a no disposition case, aka they never closed it out. Or it could be listed wrong on the record. Maryland did not hit you on it as they can see the maryland court records directly and can see it was not disqualifying. The FBI rap sheet shows what is sent to them during and arrest with finger prints and other stuff. So if you git arrested and it was sent to the fbi and then dropped or found not guilty or what ever and the county ( not the state ) did not send the final end of stuff to the fbi it did not get updated. Like they could have arrested you for drugs ( disqualifying level ) and you plead to paraphernalia, the FBI only sees it as the drug charge.

You need to send to the FBI for your rap sheet, its cheap and easy and does not take long if you do it online, just a few weeks. Then Go to the county and file for an expungement of the charges, but request your record on the case from the county and send that to the FBI while the expungement works it was thru. That way your cover both bases, because if the county does the expungement, the record from the fbi will still be there as the records they are probably seeing are internal fbi records not the cjis system.

I have also ordered the "Identity History Summary" and have a copy. I submitted it with my denial challenge. The only conviction listed there is the paraphenalia. So they claim to be denying me based on a charge that doesn't show on my rap sheet ordered through them with fingerprint submission...

 

[scottyfz6]

I have also ordered the "Identity History Summary" and have a copy. I submitted it with my denial challenge. The only conviction listed there is the paraphenalia. So they claim to be denying me based on a charge that doesn't show on my rap sheet ordered through them with fingerprint submission...

ok At this point you may need to contact cjis by phone and ask em to remove the q file section paperwork. But that is no reason for the fed to block it. You really need to let cohen and harris work it thru, as they know what they are doing.

 

[Suga1]

Wow thats the first I have seen like that. From what I have seen from a few rap sheets the fbi cant see cases in maryland that where expunged. I wonder if the state is sending records to the feds that they could not see other wise.

Yes, that is exactly what they are doing. I challenged the fbi summary and was told by them the info they got was from maryland since they hold their own and I do not have a federal case. They said that can't remove what maryland is holding its a backdoor way in for maryland to look at their own information basically.

 

[scottyfz6]

Yes, that is exactly what they are doing. I challenged the fbi summary and was told by them the info they got was from maryland since they hold their own and I do not have a federal case. They said that can't remove what maryland is holding its a backdoor way in for maryland to look at their own information basically.

Call cjis and tell them you want the q file entry removed per the court order for expungement.

 

[ebrew4]

If they delete the Q file does that mean its gone for good? No way no how it can be broken back from the dead?

 

[scottyfz6]

If they delete the Q file does that mean its gone for good? No way no how it can be broken back from the dead?

If he gave them paperwork, they know about it. It also sounds like he did not ask about the q file.

 

[ebrew4]

Well I took your advice admit nothing. No, no, and no on the 77r. Result, more than one purchase Not Disapproved. Cohen offered the same adivce. So again my Q is, to the best of your knowledge, is there any way the MSP or like minded people can resurrect the dead? i.e. a deleted Q file. So I'm not sure what is happening to this person and or how he/she filled out the 77r. Was the Q file still intact on the fridge door? Or had it been deleted and resurrected from the data abyss?

 

[Suga1]

Call cjis and tell them you want the q file entry removed per the court order for expungement.

Hey Scotty.
I talked to supervisor at CJIS several times after the denial. She assured me that she did take care of the q-file. Should I just redu my application instead of going forward with my appeal. Take a look at the attached. Is this true? I just came across this? At this website.

Maryland<BR />Restoration of Rights & Record Relief

Last updated: February 15, 2024 I. Loss & restoration of civil/firearms rightsA. Vote and OfficeThe Maryland Constitution authorizes the General Assembly to disqualify persons fro

ccresourcecenter.org

 

[BurkeM]

Hey Scotty.
I talked to supervisor at CJIS several times after the denial. She assured me that she did take care of the q-file. Should I just redu my application instead of going forward with my appeal. Take a look at the attached. Is this true? I just came across this? At this website.

Maryland<BR />Restoration of Rights & Record Relief

Last updated: February 15, 2024 I. Loss & restoration of civil/firearms rightsA. Vote and OfficeThe Maryland Constitution authorizes the General Assembly to disqualify persons fro

ccresourcecenter.org

There are two entities called CJIS. You only spoke with DPSCS, not the FBI.

FBI CJIS and DPSCS CJIS.

https://www.fbi.gov/services/cjis

and

Department of Parole and Probation

An official website of the State of Maryland.

www.dpscs.state.md.us

 

[Suga1]

There are two entities called CJIS. You only spoke with DPSCS, not the FBI.

FBI CJIS and DPSCS CJIS.

https://www.fbi.gov/services/cjis

and

Department of Parole and Probation

An official website of the State of Maryland.

www.dpscs.state.md.us

 

[Suga1]

Whichever one is CJIS-CR. Idk, it's the one the fbi referred me to but I had already spoke to them before my fbi challenge was complete. I do need the information for parole and probation though if their still housing my information there. The fbi challenge sent me back to DPSCS.

 

[Suga1]

Oh yeah, my challenge was done with the fbi. They simply stated they got info from marylands records. County and sherrif and parole and probation but because I do not have a federal rap sheet there's nothing for them to remove. All of this is maryland. So the Q-file at cjis should take care of it.

 

[scottyfz6]

Suga let me know if I over step.

Suga and I had a great Convo on the phone. I think the problem is she did not have the cjis compliance letter when the hql paperwork was first done. Then when she was called the hql had already been denied.

She has the compliance letter now and confirmed cjis did everything they are supposed to. She is appealing the denial, I told her to try to get a letter or email from cjis saying the q file has been removed. Next I told her to go to the admin hearing and request the SP to produce a current cjis record.

Plus a few other things. She has spoken with Cohen and Harris but they cant get on board fast enough for the admin hearing.

 

[Suga1]

Suga let me know if I over step.

Suga and I had a great Convo on the phone. I think the problem is she did not have the cjis compliance letter when the hql paperwork was first done. Then when she was called the hql had already been denied.

She has the compliance letter now and confirmed cjis did everything they are supposed to. She is appealing the denial, I told her to try to get a letter or email from cjis saying the q file has been removed. Next I told her to go to the admin hearing and request the SP to produce a current cjis record.

Plus a few other things. She has spoken with Cohen and Harris but they cant get on board fast enough for the admin hearing.

yes. This is all correct sir. And thanks for speaking with me. I'll update you, Wednesday evening.

 

[ebrew4]

If you can wait, wait. If the Q file is gone 90 days from now your name will not be familiar. They will have moved on. Reapply, they will check, no Q file, no disqualifying stuff. Not Disapproved! You can Cohen next week or next year but you will pay for thr service. However, if you can wait say 60-90 days then reapply. They have not revocked your HQL..right? Do you have a W&C? Not revoked? If these things happen go to the mattress. ( Godfather Clemenza) Wait you can always pay a lawyer if any of these things happen. My guess is it won’t.
One side of MSP doesn't know what the otherside is doing. No communication or coordination. Best thoughts wait if you can.

 

[Suga1]

If you can wait, wait. If the Q file is gone 90 days from now your name will not be familiar. They will have moved on. Reapply, they will check, no Q file, no disqualifying stuff. Not Disapproved! You can Cohen next week or next year but you will pay for thr service. However, if you can wait say 60-90 days then reapply. They have not revocked your HQL..right? Do you have a W&C? Not revoked? If these things happen go to the mattress. ( Godfather Clemenza) Wait you can always pay a lawyer if any of these things happen. My guess is it won’t.
One side of MSP doesn't know what the otherside is doing. No communication or coordination. Best thoughts wait if you can.

I was thinkn that also.