Anybody successful exponging something from their court record ?

[Josey Wales]

Using Maryland Judiciary Case Search...

My friend noticed that there is something showing up in MDJCS.

Long ago after having a run-in with his ex-wife she acussed him of Domestic Violence but he proved it to be a lie and the case was dismissed by the judge.

This scares him because they might not allow him to purchase a handgun with the new laws being set forth.

What steps must one take to get that removed if possible ?

Thanks in advance for your help.

 

[Twenty4]

Using Maryland Judiciary Case Search...

My friend noticed that there is something showing up in MDJCS.

Long ago after having a run-in with his ex-wife she acussed him of Domestic Violence but he proved it to be a lie and the case was dismissed by the judge.

This scares him because they might not allow him to purchase a handgun with the new laws being set forth.

What steps must one take to get that removed if possible ?

Thanks in advance for your help.

It was dismissed, he should have no worries.

But just to ease his mind.
http://www.courts.state.md.us/expungement/

 

[Darkemp]

Using Maryland Judiciary Case Search...

My friend noticed that there is something showing up in MDJCS.

Long ago after having a run-in with his ex-wife she acussed him of Domestic Violence but he proved it to be a lie and the case was dismissed by the judge.

This scares him because they might not allow him to purchase a handgun with the new laws being set forth.

What steps must one take to get that removed if possible ?

Thanks in advance for your help.

File the expungement paperwork with the clerk of the court where the charge was disposed.

 

[fabsroman]

Just because you get something expunged, it does not mean law enforcement and the Courts can no longer see it. It merely means that the public at large cannot see it and under most circumstances you do not have to disclose it.

Md Code, Crim Pro section 10-109

(a) Applications for employment or admission. --

(1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:

(i) by an employer or educational institution of a person who applies for employment or admission; or

(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.

(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:

(i) a criminal charge that did not result in a conviction; or

(ii) a conviction that the Governor pardoned.

(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:

(i) an employer to discharge or refuse to hire the person; or

(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.

(b) Penalties. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both for each violation.

(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.

The Court Brochure on expungement: http://www.courts.state.md.us/courtforms/joint/ccdccr072br.pdf

The Court link to the forms for expungement:
http://www.courts.state.md.us/expungement/

I have done this for clients plenty of times and it is really easy. The State's Attorney has never even challenged one and they have simply been approved by the Judge without me even having to attend a hearing.

Good luck to your friend.

 

[Ski169]

I had a second degree assault charge dismissed at trial. I immediately filed the form and paid the $40. Since then, I purchased several firearms, most of which were "regulated" and didn't have any problems.

 

[6-Pack]

Domestic violence cases are considered civil matters. Civil cases cannot be expunged. I've handled expungement a for clients in the past. The problem is that each case is different and new/pending charges could throw a monkey wrench in the works.

 

[SRD]

Domestic violence cases are considered civil matters. Civil cases cannot be expunged. I've handled expungement a for clients in the past. The problem is that each case is different and new/pending charges could throw a monkey wrench in the works.

^This.If it was dismissed,it will not affect him.

 

[ThatGuy179]

File the expungement paperwork with the clerk of the court where the charge was disposed.

This. Its a simple process really

 

[Brads]

My friend got charged with domestic violence like 10 years ago and has got several gun with msp and an ffl. Dont know how this is I guess just luck. Now he is a little worried with new bill being signed.

 

[MarylandDave]

I got a PBJ when I was 20 for possessing a case of beer (not consuming or under the influence -- just possessing). From what I've read on this site, that wouldn't qualify as a reason for them to confiscate my guns (assuming I had any). However, I have no doubt that their definitions may continue to expand as time goes on and until they can ensnare every law abiding citizen. So, I'm planning to get mine expunged next week.

 

[ASTC]

If he gets it expunged he should immediately get some certified copies from the clerk of the court's office to keep on hand to attach to future employment and gun purchase applications. If you mark "yes" for the question, "Have you ever been arrested?", they usually ask you to attach some form of documentation to show that the case was dropped. I know someone who did this a few years ago and he has had to use these forms on several occasions.

 

[Josey Wales]

Thank you,

This was very helpful !

-JW.