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

[ebrew4]

2nd Battalion 4th Marine Vietnam. So I get the exemption on the W&C on renew. Looks like P.I. paid off after all.

 

[Mark75H]

Congratulations!

 

[Suga1]

Okay, turns out I found the person who the lawyer was working with. Outside of here, just kind of randomlyish.

He had his hql, had bought firearms. maryland then denied him a purchase. He has an expungement done many years ago, for an assualt.

He fought the MD state police and won in court, the judge said due to the wording of the MD expungement law, an expungement was complete and total the charge never happened in its effect. I have the case record I can share with redacted info if anyone else ever needs to fight the same fight.

Hello Scotty.
I've been trying to reach you. I'm having this same issue right now. I have an OAH hearing on Wednesday. I hope you get this in time. I need to fight this same fight. Is it possible that you could send me the redacted case file? I would've messaged privately but I'm new to the forum and I really don't know how. I had an expungement and MSP is denying me on an expunged case. I showed them the compliance letter and they still didn't approve it. Please help.

 

[Suga1]

King, the reason for this is due to the wyoming lawsuit. The atf stated in court that an expungement must be total removal and destruction of the records. Wyoming had an expungement just for second amendment rights. But because the case did not go away, just removed the firearms prohibition under Wyoming state law the ATF/FBI refused to honor it under federal law.

It turns out Maryland does keep some kind of record of expunged cases. According to the atf/fbi if there is any record that remains, even a post it note on the back of a fridge they dont consider it a complete removal and destruction.

So maryland is saying, we can see it, even if the feds cant, we have to enforce fed law because we know it still exists.

 

[Suga1]

Yeah. I get this. It's a backdoor entry for them to look at their own files. That's what their doing to me.

 

[Suga1]

If after you get the CJIS letter and if they still deny you reach out to me, and I can start you in the winning direction to tell the SP to shut up and approve it.

I have my CJIS letter and I've spoken to a supervisor at the Repository. She verified it's expunged but I'm still being denied. I wanna tell MSP to shut up and approve it.

 

[scottyfz6]

I have my CJIS letter and I've spoken to a supervisor at the Repository. She verified it's expunged but I'm still being denied. I wanna tell MSP to shut up and approve it.

Call Cohen and Harris in Towson MD. They can handle this. Did you tell them to remove the file from the Q section?

It appears to me to be you sent them the paperwork, know they know about it.

 

[ebrew4]

Yes this is cause for concern. My question is, if your expungement is complete and the q file has been deleted, is there anyway for past sins to be resurrected from the dead? Or is the q file done?

 

[scottyfz6]

I have my CJIS letter and I've spoken to a supervisor at the Repository. She verified it's expunged but I'm still being denied. I wanna tell MSP to shut up and approve it.

BTW you need ten posts before you can pm

 

[Suga1]

Call Cohen and Harris in Towson MD. They can handle this. Did you tell them to remove the file from the Q section?

It appears to me to be you sent them the paperwork, know they know about it.

I sent him the paperwork that it was expunged. Gave them a previous background check to prove the case # matched and the Trooper told me, he believes me but it's not enough. Wth?!?!?!?
That's when I filed an appeal. Spoke with Roland yesterday. He is willing to take the case but needs retainer first. I'd never make that by Tuesday. Roland gave me like 4 options.
I asked Katie to please sum up the options and let me know which Roland felt would be best if he is to represent me. She didn't get back yet. I am sure their crazy busy I won't expect to hear back until Monday or so.
I got so much dang info from him. I wanted to think about the options he gave me. I'll try email his suggested options if I sent the first email correctly.

 

[BurkeM]

I have an OAH hearing on Wednesday.

I had an expungement and MSP is denying me on an expunged case. I showed them the compliance letter and they still didn't approve it. Please help.

The FBI doesn't recognize MD expungements.

Contact the law firm handling these cases.

 

[scottyfz6]

The FBI doesn't recognize MD expungements.

Contact the law firm handling these cases.

See the other thread. Also if Maryland does the expungement properly the FBI cant see the conviction or arrest. The FBI looks at the MD cjis computer system, and the expungement clears that. Only the SP can see the Q file, and cjis will remove that if you request it, then the SP cant see it anymore.

 

[Suga1]

See the other thread. Also if Maryland does the expungement properly the FBI cant see the conviction or arrest. The FBI looks at the MD cjis computer system, and the expungement clears that. Only the SP can see the Q file, and cjis will remove that if you request it, then the SP cant see it anymore.

Exactly.

 

[BurkeM]

See the other thread. Also if Maryland does the expungement properly the FBI cant see the conviction or arrest.

Not completely true.

In theory, arrests are reported directly to the FBI/CJIS at the time a prisoner is BOOKED.

In theory, convictions are reported by Clerks of the Court directly to FBI/CJIS shortly after trial.

In theory, the same arrests and conviction are also reported to DPSCS/CJIS and recorded there, as well as in JIS (Judicial Information System) which shows up as well in Case Search.

So- an expungement in MD courts may delete the record in DPSCS/CJIS and JIS, and Case Search- but FBI/CJIS won't delete anything because of the wording of MD Expungement orders.

 

[DScott0105]

Not completely true.

In theory, arrests are reported directly to the FBI/CJIS at the time a prisoner is BOOKED.

In theory, convictions are reported by Clerks of the Court directly to FBI/CJIS shortly after trial.

In theory, the same arrests and conviction are also reported to DPSCS/CJIS and recorded there, as well as in JIS (Judicial Information System) which shows up as well in Case Search.

So- an expungement in MD courts may delete the record in DPSCS/CJIS and JIS, and Case Search- but FBI/CJIS won't delete anything because of the wording of MD Expungement orders.

I had 2nd degree assault charge when I was 18 years old expunged by

Not completely true.

In theory, arrests are reported directly to the FBI/CJIS at the time a prisoner is BOOKED.

In theory, convictions are reported by Clerks of the Court directly to FBI/CJIS shortly after trial.

In theory, the same arrests and conviction are also reported to DPSCS/CJIS and recorded there, as well as in JIS (Judicial Information System) which shows up as well in Case Search.

So- an expungement in MD courts may delete the record in DPSCS/CJIS and JIS, and Case Search- but FBI/CJIS won't delete anything because of the wording of MD Expungement orders.

I had 2nd degree assault charge when I was 18 years old expunged by doing what Scotty is saying it works 100%. I now have my HQL and I am a proud gun owner. I take my class for my ccw this Thursday trust the process and do what he is saying it worked for me.

 

[BurkeM]

I had 2nd degree assault charge when I was 18 years old expunged

Yes. As I mentioned, police and Sheriffs are SUPPOSED to report arrests and charges to the FBI/CJIS. Most put that down on their "to do" list - and never get around to that extra task.

 

[CWO]

Not completely true.

In theory, arrests are reported directly to the FBI/CJIS at the time a prisoner is BOOKED.

In theory, convictions are reported by Clerks of the Court directly to FBI/CJIS shortly after trial.

In theory, the same arrests and conviction are also reported to DPSCS/CJIS and recorded there, as well as in JIS (Judicial Information System) which shows up as well in Case Search.

So- an expungement in MD courts may delete the record in DPSCS/CJIS and JIS, and Case Search- but FBI/CJIS won't delete anything because of the wording of MD Expungement orders.

This is correct.

I suggest against anyone assuming that state and fed IT systems are synchronized. I also suggest against assuming that an expungement at the state level accomplishes the same at the fed level. To add even more complexity - one may find that the deletion of a status may leave a lack of consistency elsewhere in a record. For example - a record might reflect never charged, never sentenced but served time.

 

[Lmo]

Okay first I am asking for a lawyers office, one that was recommended to me by Mark P.

They are working with someone who had an assault charge or conviction, that person got it expunged. MSP is denying that persons HGP due to the charge/conviction. They are looking at pushing it with the state due to an expungement is an expungement and the case show go away.

They are working with a few other people that have other situations that are similar, ie expunged charge/conviction but hql or hgp denied due to a charge/conviction that was expunged. I know there have been a few things said here with people going thru this as well.

If you know anyone or you or can find the thread that talked about please message me. It maybe a possibility to get involved with this as a group, and not have to go at it alon

Armed Attorneys on YouTube has a short video about expungements and restoration of gun rights. In a nutshell, they say it can be a two-step process. First, expungement which can take a long period of time. Then, applying for gun rights to be restored. You want to check it out on YouTube.

 

[scottyfz6]

Armed Attorneys on YouTube has a short video about expungements and restoration of gun rights. In a nutshell, they say it can be a two-step process. First, expungement which can take a long period of time. Then, applying for gun rights to be restored. You want to check it out on YouTube.

Does it talk about maryland specifically? And if it talks about applying to the fed gov about getting the restoration of rights? There is a law in place in the fed gov for restoration of forearms rights but it has been defunded. So applying for it is a waste of time as they just wont do it. You need to apply and get rejected because there is no funding. Once rejected you need to sue the fed gov to force em to do it. I have read one of the cases where this was done. Stephen Stamboulieh ( nolo on arfcom ) is one of the GOA lawyers and he has done this, he did the case I read. I have also spoken to him on the phone a few times.

So yes it can be done, forcing the fed to do it, but its not cheap nor fast.

 

[Jaybeez]

One of my W&C students had the following experience, which I assisted him in resolving.

-Burglary charge 12 years ago.
-filed for and received expungement in early 2023.
-applied and got approved for w&c mid 2023.
-applied for free HQL, received late 2023.
-applied for regulated firearm transfer and was denied Dec 2023, and msp revoked hql and w&c.
-filed for informal review for revocation of w&c, talked to msp supervisor, w&c reissued. Supervisor contacted hql section, hql reinstated, regulated transfer timed out over 30 days.
-attempted regulated transfer again. Again denied, hql revoked, w&c revoked.
-Called Starchursky at MSP. Was given a number to call cjis and make sure expungement was completely processed. Applicant did so. Everything taken care of, hql and w&c reinstated, regulated transfer completed early January.

No problems since.
The applicant spoke to a few of the attorneys recommended here on MDS, but taking initiative and calling MSP and getting Supervisors involved produced immediate results.