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 .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.
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.
So.. am I legal or illegal? WTF?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.
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.So.. am I legal or illegal? WTF?
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.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?
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.So if I reapplied would the result be different? Would this affect a renewal of W&C permit?
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.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?
I think I am missing something here.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
Spider sense, shine box
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...I think I am missing something here.
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.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...
Not true. Paraphernalia convictions >1yr old are not disqualifying crimes.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.