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

[BurkeM]

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?

Could be 3 minutes- could be in a backlog of paperwork going through a committee for 90 days.

We simply don't know.

 

[fishoholic]

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?

It took me exactly 46 days to have my letters of expungement of all records for NICS.
You can always call and speak to the expungement clerk, they are usually not too hateful.

 

[scottyfz6]

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?

4 to 6 weeks from what I under stand is the average.

 

[ebrew4]

I don't understand your terminology and statement you wrote here. BUT I would recommend calling (ED) Edward Hershon Esq. Google him. His office is in Annapolis, MD He is an EXCELLENT Attorney, very skilled in all facets of 2A and criminal problems. He is also a member here on this site.

Also Cohen Harris ask for Katie. They are good. $300 consult fee, well worth it. Same situation all resolved now. I was advised to say no to question(s) " have you ever been..." If you admit to it and they can't see it, then you've given MSP the reason to say no. If Cjis removes the post it note its gone MSP Can't see it nor can the Feds.
In a "2nd" review of my 77r the matter never came up and was given the title Not Disapproved.
In the end there seems to be no ryhme or reason as to who, what, and why. The good news expungement will eventually get you past the gate keeper with effort. My best advice and experience is if you have an expungement and the post it note is gone just say no

 

[DScott0105]

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?

So you are saying once you get the compliance letters I could say no correct. I am in the process of getting my hql I had a second degree assault charge expunged and want to know am I taking the correct steps. I have answered no to all questions on 77r but is there anything else I need to do I have received all my letters about 60 days ago.

 

[DScott0105]

Also Cohen Harris ask for Katie. They are good. $300 consult fee, well worth it. Same situation all resolved now. I was advised to say no to question(s) " have you ever been..." If you admit to it and they can't see it, then you've given MSP the reason to say no. If Cjis removes the post it note its gone MSP Can't see it nor can the Feds.
In a "2nd" review of my 77r the matter never came up and was given the title Not Disapproved.
In the end there seems to be no ryhme or reason as to who, what, and why. The good news expungement will eventually get you past the gate keeper with effort. My best advice and experience is if you have an expungement and the post it note is gone just say no

What do you mean by post it note please explain this

 

[ebrew4]

So you are saying once you get the compliance letters I could say no correct. I am in the process of getting my hql I had a second degree assault charge expunged and want to know am I taking the correct steps. I have answered no to all questions on 77r but is there anything else I need to do I have received all my letters about 60 days ago.

Good morning,
IF MSP can't see the expungement I believe your good. I would call CJIS in Maryland and ask if the MSP can still see the expungement. If so, ask the person to delete the note, they will. I was asked to call back in 48hrs to confirm it was gone. I did, and it was. Only at that point did I move forward with the 77r. Something did come up from DC and the disposition was not reported. So I had to go and get the disposition from DC. PRESTO CHANGEO.. NOT DISAPPROVED!
Someone said MSP is not holding expungements against you. They see it as a sinking ship. Hopefully and perhaps.
Again I did consult with Cohen and the advice was just say no. If you give them something in the name of honesty, by the standard they (MSP) use they will say it was your client that told us, we have to deny by law. I get honesty, but in law there are various degrees of honesty.

Nothing else to be done now, sit and be patient, make sure the post it note is deleted. Good luck.

 

[ebrew4]

I got my HQL via the ware and carry exemption. Not really sure how far they stuck that probe up my Axx. It came back yes in a few days. Before that even with compliance letters it was NO! BAD MAN! But things on the HQL side may be different now. So it seems to be arbitrary. If you have your WARE and Carry, apply under that exemption.

 

[Squaregrouper]

What do you mean by post it note please explain this

This is my understanding- not saying I am correct...
Once the expungement was granted, it still takes time for it to become "invisible" to someone tracking/searching it. I believe the post it note reference was that the MSP investigator can still tell something is going on with an expungement, so it isn't yet 100% gone from a records search.

 

[ebrew4]

Well it all arises from the case in Wyoming. In that decision they can still see it, and use it. However, the way the Maryland expungement law is written once expunged it can't come back to bite you on your legal ass. I had all my letters and a W&C, but the HQL side of the house said no. Waited about a year and said why not just apply under the exemption. Now I'm not sure if it dropped off or they just rubber stamped the request. I was told that they can still see, a quarantine file "Post it note" by which they can deny. You can call Cjis, they know of the expungement and the note. Ask them to remove it.

 

[scottyfz6]

What do you mean by post it note please explain this

Its actually something I said a long time ago in one of these threads, before we had the info we do now.

Paraphrasing myself. Once the cjis letter comes the open to the public records get removed but there maybe a post it note or something that remains in a secure file that the SP can see.

What we have found out is there is a secure file section called the K or Q file I cant remember which. Once the cjis compliance is done the file goes from open to the public/police/ etc section to a secure section that is only supposed to be able to be opened by a court order of the court that granted the expungement.

I think by what I have heard and read ( and an assumption ) that is supposed to be purged after 3 years, hence the statement when you get an expungement to save a copy of the record forever because after 3 years the record of the expungement gets removed. I dont know if its a record of the expungement case say Mr smith had an expungement of a felony theft on this date, or a complete record of the original case ( or both ). Either way the SP could see this even thou they are not supposed to be able to under loss of job and a year in jail per the expungement law.

You can call the expungement office at CJIS and request the file to removed and they will comply, basically following the court order to remove everything. Even if its a few years early, but I also bet they dont purge everything automatically, they may do a yearly one, but your file could be missed. Or they may never do it unless asked

 

[ebrew4]

Yep! Thats right!

 

[ebrew4]

See Crank v. Wyoming. Scafano law firm in Montgomery Co give a good video on this.

 

[scottyfz6]

The video ebrew is referencing is below, yes it says some of whats going on, but its also give us a call and money video.

 

[DScott0105]

Its actually something I said a long time ago in one of these threads, before we had the info we do now.

Paraphrasing myself. Once the cjis letter comes the open to the public records get removed but there maybe a post it note or something that remains in a secure file that the SP can see.

What we have found out is there is a secure file section called the K or Q file I cant remember which. Once the cjis compliance is done the file goes from open to the public/police/ etc section to a secure section that is only supposed to be able to be opened by a court order of the court that granted the expungement.

I think by what I have heard and read ( and an assumption ) that is supposed to be purged after 3 years, hence the statement when you get an expungement to save a copy of the record forever because after 3 years the record of the expungement gets removed. I dont know if its a record of the expungement case say Mr smith had an expungement of a felony theft on this date, or a complete record of the original case ( or both ). Either way the SP could see this even thou they are not supposed to be able to under loss of job and a year in jail per the expungement law.

You can call the expungement office at CJIS and request the file to removed and they will comply, basically following the court order to remove everything. Even if its a few years early, but I also bet they dont purge everything automatically, they may do a yearly one, but your file could be missed. Or they may never do it unless asked

I called the CJIS and they had no idea what I was referring to I told them word for word “ that I received my letter of compliance from the cjis is there any thing in my file that says I had a expungement or has it been 100% completely removed from my files she stated as long as I have my letter of compliance then the file was removed. Should I bring up secure section file K/Q?

 

[ebrew4]

I called the CJIS and they had no idea what I was referring to I told them word for word “ that I received my letter of compliance from the cjis is there any thing in my file that says I had a expungement or has it been 100% completely removed from my files she stated as long as I have my letter of compliance then the file was removed. Should I bring up secure section file K/Q?

Based on what Scotty posted, I called CJIS and asked about a Q file and could MSP still see it. She replied yes and per my request/ court order said she would delete it. She told me to call back 48hrs. later to confirm and it was. This took place a few months ago, I had letters of compliance that were over a year old. So it seems there was something because before that the HQL was denied. Then I applied for the HQL under the exemption got that then the 77r. Law consult advise lined up with what Scotty said..Say No. They can't see it ( I think) nor can the Feds because they depend on Maryland records. At the very least I would try the call again. Again the way the expungement law is written you will prevail but it may take a little work. Maryland Shall Issue is a good source they are free and will return your call. With advice I did all the lifting.
Good luck let me know what happens next.

 

[scottyfz6]

I called the CJIS and they had no idea what I was referring to I told them word for word “ that I received my letter of compliance from the cjis is there any thing in my file that says I had a expungement or has it been 100% completely removed from my files she stated as long as I have my letter of compliance then the file was removed. Should I bring up secure section file K/Q?

Ok just looked at the emails from the guy who went thru this, cjis calls it the q case, the maryland state police call it option 6. The below is from an email with the state police with the guy who this thread was started for.

Your prohibiting record is located in an area of CJIS which only certain personnel / entities have access to. We refer to this as option 6 however CJIS calls this file “Q Case”. You will need to contact CJIS and have them remove this entry from the “Q Case”. From our experience recently CJIS Personnel have been very helpful and complete this process rather quickly. Once you have spoken to CJIS Personnel and completed this final step of expungement email the two email addresses below.

 

[DScott0105]

Based on what Scotty posted, I called CJIS and asked about a Q file and could MSP still see it. She replied yes and per my request/ court order said she would delete it. She told me to call back 48hrs. later to confirm and it was. This took place a few months ago, I had letters of compliance that were over a year old. So it seems there was something because before that the HQL was denied. Then I applied for the HQL under the exemption got that then the 77r. Law consult advise lined up with what Scotty said..Say No. They can't see it ( I think) nor can the Feds because they depend on Maryland records. At the very least I would try the call again. Again the way the expungement law is written you will prevail but it may take a little work. Maryland Shall Issue is a good source they are free and will return your call. With advice I did all the lifting.
Good luck let me know what happens next.

I just got off the phone with CJIS and ask about the file and was there anything in my file that the msp can see about expungement she told me everything was completely gone so will get you posted. Did my 77r yesterday hope to know something soon

 

[DScott0105]

Ok just looked at the emails from the guy who went thru this, cjis calls it the q case, the maryland state police call it option 6. The below is from an email with the state police with the guy who this thread was started for.

Your prohibiting record is located in an area of CJIS which only certain personnel / entities have access to. We refer to this as option 6 however CJIS calls this file “Q Case”. You will need to contact CJIS and have them remove this entry from the “Q Case”. From our experience recently CJIS Personnel have been very helpful and complete this process rather quickly. Once you have spoken to CJIS Personnel and completed this final step of expungement email the two email addresses below.

Just want to update you or anyone else going through the same process of a expungement and trying to get there Hql. Everything has work out for me everything Scotty has said work 100%. As of this afternoon my Hql has been activated and I have been approved. I had a 2nd degree assault from over 15 years ago expunged. Received my compliance letters in the mail and then call the CJIS to make sure all files were deleted. Again no problems with my application I did answer no to all questions. Hope this helps anyone looking to get there Hql. I will now start the process for my CCW I just wanted my gun as soon as possible I believe it’s a little longer wait if you just do your ccw good luck to everyone.

 

[ebrew4]

Good Afternoon and congratulations ! Yes I am the Q case guy. I also had a 2nd degree assult charge back in 87. It seems 13 months and 17 days in a rifle company with the USMC left me with poor negotiating skills back then. But I digress. Scotty wherever you are thanks ! You have been right on all counts. Lined up perfectly with what Cohen advised. FYI Scotty the FBI is now reviewing the paperwork and deleted disposition of the DC nolle prosequi charge. ( yes, yet and still another one) I fully expect that to be dismantled in the next 60 days or so.
So to recap 77r not disapproved, HQL GOT IT, Concealed Carry yep..on my right hip as I write.
Good luck, I'm sure you'll complete the last stage.