Expungement of assault charges denied HGP. Know anyone, or even other charges.

[vr6jettaboy]

It would be nice for you to go to the introductions page and introduce yourself. You might get more help if you did that.

 

[scottyfz6]

So are they excepting expungement and approving HGP I am in a tuff situation i wanna know the best way to go about getting my HGP . Could you provide any information that would help thank you.

Get the expungement you should anyways.

Wait until you get your cjis letters, and a month or so apply for the HGP. Say no to the questions about ever being arrested. If they approve ya go on with your life.
If they deny it, appeal to the admin board. Be ready with the MD statute on expungements, bring the MD law on HGP and the prohibiting stuff for MD, bring the fed statute on prohibited person and point out where it says expungements. When they bring up wyoming crank, be ready to say but wyomings law if different from marylands, read and study the wyoming crank case and wyomings law in the case and be ready to explain the difference to MD expiungement

 

[vr6jettaboy]

Thank you

 

[vr6jettaboy]

Get the expungement you should anyways.

Wait until you get your cjis letters, and a month or so apply for the HGP. Say no to the questions about ever being arrested. If they approve ya go on with your life.
If they deny it, appeal to the admin board. Be ready with the MD statute on expungements, bring the MD law on HGP and the prohibiting stuff for MD, bring the fed statute on prohibited person and point out where it says expungements. When they bring up wyoming crank, be ready to say but wyomings law if different from marylands, read and study the wyoming crank case and wyomings law in the case and be ready to explain the difference to MD expiungement

 

[vr6jettaboy]

Thank you very much for your help

 

[Dataluss]

Thank you very much for your help

I DIDN'T read all of the 4 pages of this thread in a while. HOWEVER 1 fella suggested putting "NO" to the question of "HAVE YOU EVER BEEN ARRESTED"? If you answer NO, and/but you have been arrested before. The MDSP may conclude YOU JUST LIED ON THE DOCUMENT. EVEN IF YOU HAD AN EXPUNGEMENT !!! I was in a similar situation. You can read 1 of my response's above. I have my MD everything. I also had a FULL expungement years prior FROM A DIFFERENT STATE. HOWEVER I answered "YES" They are LOOKING for HONEST ANSWERS on the HGP application. Again, IF you answer "NO" AND TECHNICALLY you HAVE been arrested before. Perhaps MDSP CAN'T even see it. BUT you INCLUDE your expungement paperwork. ARE YOU getting my point ?? Before I applied I spoke with my Attorney, and he advised me what to do specifically for that question & the answer I just gave you. So I also just saved you the money I paid him.

Good Luck !!!

 

[vr6jettaboy]

Thank you

 

[scottyfz6]

I DIDN'T read all of the 4 pages of this thread in a while. HOWEVER 1 fella suggested putting "NO" to the question of "HAVE YOU EVER BEEN ARRESTED"? If you answer NO, and/but you have been arrested before. The MDSP may conclude YOU JUST LIED ON THE DOCUMENT. EVEN IF YOU HAD AN EXPUNGEMENT !!! I was in a similar situation. You can read 1 of my response's above. I have my MD everything. I also had a FULL expungement years prior FROM A DIFFERENT STATE. HOWEVER I answered "YES" They are LOOKING for HONEST ANSWERS on the HGP application. Again, IF you answer "NO" AND TECHNICALLY you HAVE been arrested before. Perhaps MDSP CAN'T even see it. BUT you INCLUDE your expungement paperwork. ARE YOU getting my point ?? Before I applied I spoke with my Attorney, and he advised me what to do specifically for that question & the answer I just gave you. So I also just saved you the money I paid him.

Good Luck !!!

There is an AG letter stating if you had an expungement granted the proper answer is to say no you have not for any gov paperwork.

The reason I state to say no is for 2 reasons, one is the above letter, it was posted here years ago and I found it on a search. Two MSP is denying due to expungements on disqualifying crimes for HQL, HGP and 77R's. If you had an expungement and they dont see when they look at your records, but you tell them you did have one for a disqualifying conviction the way they are operating right now you just told on your self.

OH also please stop with the damn bold and capitals. Its annoying, and utterly useless as well as make you look sanctimonious and does not help or make a point in anyway.

Edit Oh btw the lawyer I point people, you know the one that is fighting the MSP on expungement stuff says to say NO on the questions of the arrest when you have had something expunged.

 

[vr6jettaboy]

The case that deals with this is the wyoming case. The wording of the exungement statue is available. The specifics of the case deals with the way the expungment law in maryland is written and how the atf/fbi reads it with regard to the wyoming case. exact case specifics of this case wont really help you, but might help your lawyer on how to deal with the admin hearing.

Give me your lawyers email and I will send it to them.

I found it the lawers office had it thanks again I appreciate your help

 

[Blaster229]

I love when people say to answer YES. The whole POINT of an expungement is that everything about the arrest, including the arrest never happened on record. It's GONE. There's no reason to dig up paperwork and explain yourself away(again).
I literally was speaking to a Supervisor at the Court who works expungements even said it means to say NO.

 

[scottyfz6]

I found it the lawers office had it thanks again I appreciate your help

The lawyers office I list here, or another one?

 

[vr6jettaboy]

The lawyers office I list here, or another one?

the lawyers office is in towson im going to retain there service and its a nother victory case won at office of administrations with one of there clients and i got the law firm information from here Maryland Shooters

 

[scottyfz6]

the lawyers office is in towson im going to retain there service and its a nother victory case won at office of administrations with one of there clients and i got the law firm information from here Maryland Shooters

Then it is the one I list, good for you they know whats going on and how to fight it.

 

[vr6jettaboy]

thank you man for you help

 

[AR10 USMC3058]

Just wanted to say thank you to everyone in this chat. Spoke with Katie at the lawyers office absolutely on their game. Thank you guys.

 

[eruby]

To anyone in this thread who has not posted an introduction, please do so here, so we can know you better:

Introductions

New members, sound off!

www.mdshooters.com

 

[vr6jettaboy]

Then it is the one I list, good for you they know whats going on and how to fight it.

thank you for you help i found out a lot since coming on the forum spoke with sargent from msp and basically the fbi atf are forcing them to follow there disqualifying rules atf fbi just don't consider maryland expungement as complete compared to there standard he to me to apply which they are going to deny me which in turn a have to appeal to OHA i read case law pertaining to pretty much the same situation im going through just wanted to reach out to you thank you.

 

[Muleskinner]

A friend took the training and received his HGP back in October after having a possession charge expunged. No one has contacted him regarding taking it back....

 

[Darkemp]

Nope.

You can have an arrest that has no conviction. An expungment makes everything related to the ARREST disappear.
The problem is people listening to others saying answer yes to the arrest even if your cased has been expunged.

If you answer yes to the arrest and everything was expunged, this will make an investigator try and look for ANYTHING related to an arrest of yours, and maybe fine a scintilla of something out there.

I literally spoke to one of the women who works in the court who is a supervisor over expungements. She said to answer NO to an arrest.

That is, after you received all compliance letters.

I went differently myself- I had expungement of a case without a conviction, not guilty finding. I filed the expungement within a few weeks of the verdict and received all certification of compliance paperwork which I kept. 20 years or so later when applying for my first HGP I did list the CC# and answered yes to all the questions with the comments around the expungement. During my interview the trooper stated he could not find any record of the case under numbers provided or at all. Of course I was approved.

 

[scottyfz6]

basically the fbi atf are forcing them to follow there disqualifying rules atf fbi just don't consider maryland expungement as complete

Actually no I have read the first case on this. The fbi are not enforcing anything. The state police say they have to enforce fed law, even thou the feds cant see it in any way. So its circular, the feds cant see it, the state says they have to enforce the fed law. the fbi/atf has nothing to do with denials, its all the state police.