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

[scottyfz6]

ok an update. I spoke with the guy that this thread was started because of.

He and 3 others filed a lawsuit over this against the feds, the state police revoked his W&C a few days later. But when he called to appeal it he was informed of something to do by the state police ( more on this in a min ). He did what the SP told him to do and did not get thru. Cohen and harris reached out to where he was told to. Literally a few hours later it was cleared, as literally made his expungement 100% gone.

3 of the 4 listed on the lawsuit have had their part of the fed lawsuit was mooted. Leaving one to continue fighting, but he does not know the status of the last person.

If anyone here had a pacer account I have the suit name, and found it on the fed docket, but cant read it. But this all happened at the state level.

Where he was told to reach out and how to may not apply to everyone in this situation. But I strongly suggest reaching out to cohen and harris if your in this situation as they know the next step. This all happened mid may, sorry I am behind on this, but I just spoke to him today.

Sorry to be kind of cryptic as if I post everything here there is a chance someone says or does something that gets this avenue shut down. Go thru cohen and harris.

 

[F5guy]

It would be great if Cohen Harris returned repeated calls. One man’s experience is what I’m reporting here.


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[vr6jettaboy]

It would be great if Cohen Harris returned repeated calls. One man’s experience is what I’m reporting here.


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Call and ask for Kattie

 

[Hard23]

It would be great if Cohen Harris returned repeated calls. One man’s experience is what I’m reporting here.


Sent from my iPhone using Tapatalk

I agree. Ask for Katie. She answers the phone most of the times when I have called. Once she is on the phone I'm sure you will be at least heading in to the right direction.

 

[ebrew4]

Ok first you need to remember that the FBI does not maintain its own records for NCIS for every state. When the FBI looks you up it logs in a system that quires the states that have their own system, in maryland thats the CJIS. So The fbi actually looks at marylands servers. Once you get an expungement with the compliance letter from CJIS when ever it comes, the FBI can not see the charge any more.

So until the cjis letter comes across a NCIS check will still flag you. When you do an expungement in maryland and try to a 77r and attached the court order for the expungement. The SP will effect ignore the charge/arrest/conviction they see on the NCIS check because they know it is expunged, just not all the paperwork has been processed. Once you get the CJIS letter you do not need to include a copy of the expungement any more.

I am not a lawyer but have helped 3 people get expungements who had disqualifying convictions. 2 of the three now have their HGP, and one has NFA stuff now. all three have HQla

 

[ebrew4]

awesome good information

 

[ebrew4]

Ok, got my W&C, my Hql, my letters of compliance from Cijis and the Circuit Court. So.. when I fill out the 77r, do I include the expungement order or not? My larger fear is if I leave it out can they bring charges against me if it still shows. I believe they can still see the conviction.
I fly alot, TSA PRE, and Clear. Never got a random pull until after I got a W&C. BWI is where it happens most often. This has been a long drive. I'm almost there 77r... 1st and goal..
Include the expungement in the 77r or believe its gone and they..the FBI, ATF, MSP can't see it.
Thoughts

 

[ebrew4]

Is omitting information even though it has been expunged a crime or liability in filling out the 77r?

 

[scottyfz6]

Is omitting information even though it has been expunged a crime or liability in filling out the 77r?

No it is not, you do not need to mention. And actually is a civil crime if anyone actually brings it up. Proving that is the hard part.

 

[ebrew4]

Ok thanks. So just fill out the 77r, negative to the Question..have you ever been..
Don't even mention the past

 

[ebrew4]

There is one person here who had an assault expunged, MSP denied their HGP ( might have been HQL ) due to that expunged assault. Thats the main person I am looking for.

Now please if you cant help with finding that person or know anyone it applies to please exit the thread.

PS also please stop with the bold and italics on every one of your posts.

I had a 2nd degree assult conviction in 1987, on that basis I was denied the W&C and HQL. Trooper told me to get it expunged , I did now I have W&C,and HQL. However, MSP in the beginning said that the Feds don't recognize Md's expungements. Waited a few months, reapplied under the W&C exemption. Bingo! 5 days later got the HQL. Now I stand at the threshold of the 77r. Its day 4 I am in "second review" status. Do or die time, I will know if its worth it on Tuesday @ 0600. Not sure what second review means.

 

[linkstate]

I had a 2nd degree assult conviction in 1987, on that basis I was denied the W&C and HQL. Trooper told me to get it expunged , I did now I have W&C,and HQL. However, MSP in the beginning said that the Feds don't recognize Md's expungements. Waited a few months, reapplied under the W&C exemption. Bingo! 5 days later got the HQL. Now I stand at the threshold of the 77r. Its day 4 I am in "second review" status. Do or die time, I will know if its worth it on Tuesday @ 0600. Not sure what second review means.

Second review is normal/common. I have nothing in my past and I have seen mine go to 2nd review when I was stalking the progress on one of my apps out of curiosity. I was good to go to pickup.

You can also look at the messages tab to see if there are any notes from MSP.

 

[vr6jettaboy]

T

I had a 2nd degree assult conviction in 1987, on that basis I was denied the W&C and HQL. Trooper told me to get it expunged , I did now I have W&C,and HQL. However, MSP in the beginning said that the Feds don't recognize Md's expungements. Waited a few months, reapplied under the W&C exemption. Bingo! 5 days later got the HQL. Now I stand at the threshold of the 77r. Its day 4 I am in "second review" status. Do or die time, I will know if its worth it on Tuesday @ 0600. Not sure what second review means.

Thats awsome mmanmind asking what does W&C Exemption mean

 

[scottyfz6]

T

Thats awsome mmanmind asking what does W&C Exemption mean

Probably means the finger prints, training and fees.

 

[BurkeM]

T

Thats awsome mmanmind asking what does W&C Exemption mean

Maryland Wear and Carry Permits

Last updated 11/28/2023We've brought a lawsuit against the enforcement of parts of SB 1 and other current carry restrictions. Learn about Novotny v. Moore here. See our guide here for how newly enacted laws affect your right to keep and bear arms.IntroductionPermit EligibilityTrainingApplication...

www.marylandshallissue.org

Handgun Qualification License Issuance

Maryland Code, Public Safety, § 5-306(d) provides:

(d) The Secretary may issue a handgun qualification license, without an additional application or fee, to a person who:
(1) meets the requirements for issuance of a permit under this section; and
(2) does not have a handgun qualification license issued under § 5-117. 1 of this title.

If you do not already have a Maryland Handgun Qualification License (HQL), the license Maryland requires to be able to purchase handguns, you can request one from the MSP at no added cost, without needing to provide fingerprints again, and without further training after being issued a Wear and Carry Permit. The State Police have a separate portal for applying for the HQL here: https://emdsp.mdsp.org/egov/Home.aspx.

 

[ebrew4]

W&C exemption = if you get a wear and carry permit then in theory--- MSP says you automatically qualify for the HQL. You have satisfied their training requirements, & background check. They won't even charge extra.
However, if there is anything in your past like say oh a disqualifying conviction then they can say no to the HQL.

 

[PapiBarcelona]

I have a relative who was convicted of a MD/Max 3 year sentence in the mid 70’s.

He got it expunged and a governors pardon decades ago as well

He answers “No” on anything criminal related. He has a W&C permit like everyone else, his 77r takes 7 days like everyone else

 

[scottyfz6]

I am the op in this thread. But you do you.

I am going to break this in to two posts

I have helped at least 10 people at this point do expungements, they have all said no to the ever convicted question. All of them have their Hql and Hgp at this point, several have NFA stuff.

Yes there was a time where the SP where following the Crank fbi/atf stuff, but they seemed to have stopped. I know of a case where they went as far as an appeal to circuit court, its actually the one that is the reason I started this thread. The SP tried to get a stay on the order over turning the order to release the handgun, and where denied. They actually revoked the guys HQl, and refused to allow the transfer due to no Hql. He pushed back via his lawyer, and the state police actually allowed the transfer of the handgun when the guy did not even have a valid Hql any longer.

 

[scottyfz6]

Part two.
As far as I know they have not denied anyone with an expungement for a while now. The reason I think ( not lawyery, and just what I think ) is that the person that I started the op about "won" in court with the district court refusing the stay. I have not spoken to him in a while I to see if the SP followed thru with the appeal from the admin to the district level court.

If you read crank case the fbi says for them to accept an expungement it has to remove ALL penalties of the conviction. The SP said we can see it, so there is still penalties. Yet if you read MD law on expungements, once expunged even if the case is allowed to be reopened by the court that granted the expungement there is not thing that they can do with it. It cant be used as evidence in court of a past history, it cant be used to send you to jail, or used to effect bail or anything. So in effect it does remove ALL penalties.

I think there is probably a shadow docket ( non published case ) case where the SP lost at the district level. So instead of continuing to try to apply Crank, they are sitting on it. Its better to have something to fall back on if they need it, than try to use it a lot and lose the Ace up their sleeve.

They also might just be reading the writing on the wall and know they will lose if it really went to court. So maybe the AG that works at the licensing division, who I have spoken to, has convinced his higher ups to leave it alone. Or maybe he just has made that decision himself, he helped me when I had to slap the FBI around on dragging their feet on giving me a upin.

 

[ebrew4]

So far so good. The advice here is solid. I had expungement issues, answered "no" to everything, all rights restored. One Q. How long does it take for the FBI to correct history? Told by FBI to send case # ,jurisdiction, and proof/copy of disposition. All of which I have and will follow through . Any idea as to how long it takes?