Curious if these charges are misdemeanors or felonies for expungement or is it for both?
So a bit if history about my scenario before I get to the questions. In 2010 and 2011 i was arrsted and charged with cds possession of a controlled substance in both cases(before you get your panties in a bunch telling me I'm irresponsible or something both charges were for under .3 grams of weed, yes under ".3" grams...) so after dealing with years of probation and paying rediculous amounts of money, both cases were finally closed in 2014. In November of 2017 i applied for an expungment of these charges and after petitioning their "denied" responses i have successfully had them both removed. I have recieved letters from the court stating that they have complied with the expungment orders. At this point I only have 2 minor traffic violations on my record and Its my understanding that my 2A rights should be restored through the process of expungment, is this correct? I've recently went ahead with taking the HQL class, getting fingerprinted, and submitting the md State police HQL application (as of 2-24-18) because I'm impatient... but does anyone see me having any major issues receiving my HQL given this info?
A PBJ is not a conviction, so once the term of probation has been completed, you should also be in the clear, since you in effect have no convictions of any kind.
So that brings up a follow on question: if, in your far distant past you have a PBJ, do you need to go through the process of getting it expunged before you can buy a handgun in MD? Or does a few decades of time passing make the PBJ a non-issue?
Sent from my iPhone using Tapatalk
Just get it expunged. It can still cause problems.
Well, of course. But even if you get it expunged, you would be lying if you answered NO to the question on 77R about whether you ever had a PBJ. We can discuss that til the cows come home, but even if expunged answering no would be lying.
Nothing I’ve read on the topic at the federal or state level says a PBJ eliminates you from ownership. Only a conviction does that. And as I understand Md PBJ’s, they aren’t convictions. Also, as far as I can tell, PBJ is not mentioned anywhere in the statues (state or fed), just on the 77R application.
So does anyone have experience getting a 77R approved with a past PBJ? Or being denied strictly because of one (fulfilled, but never expunged)?
Sent from my iPad using Tapatalk
Well, of course. But even if you get it expunged, you would be lying if you answered NO to the question on 77R about whether you ever had a PBJ. We can discuss that til the cows come home, but even if expunged answering no would be lying.
Nothing I’ve read on the topic at the federal or state level says a PBJ eliminates you from ownership. Only a conviction does that. And as I understand Md PBJ’s, they aren’t convictions. Also, as far as I can tell, PBJ is not mentioned anywhere in the statues (state or fed), just on the 77R application.
So does anyone have experience getting a 77R approved with a past PBJ? Or being denied strictly because of one (fulfilled, but never expunged)?
Sent from my iPad using Tapatalk
If it gets expunged then you wouldn’t be lying on the 77r. 77r states under both questions regarding PBJ that the questions do not apply to expunged PBJ’s.
Thanks. Unlike the useless post directly above yours (I mean seriously? Why did he even waste the time commenting?), this was actually helpful. I totally missed that second sentence on question in the application about expunged PBJ’s. So you wouldn’t be lying if they were expunged and you said NO. Good to know. I’d still like to understand if NOT getting them expunged would disqualify you or not. I doubt anyone wants to be the guinea pig for that test, but I thought someone might already have been?
Sent from my iPad using Tapatalk
If it is a domestic offense or the crime has a possible sentence of 1yr or more for a felony or 2 years or more for a misdemeanor then yes, a PBJ is disqualifying.
It is probation before judgement. It means you do probation and if you are on good behavior, you aren’t sentenced to jail/prison. it Still means you are guilty of the crime (through plea or conviction).
IMHO PBJ should mean, when your term of probation is up, that all your rights are restored.
That said I also think that once your sentence is done all your rights should be restored unless they are somehow linked directly to the crime. I have no issue if you are convicted of fraud or embezzlement if you are barred from being a fiduciary or acting as a financial officer for a company for life. Just like if your conviction is for a crime of violence then you are barred from owning firearms for life.
If you rate an expungement because you’ve shown you’ve changed, get ALL your rights back.
If you are sentenced to a PBJ, you shouldn’t lose any rights once the probationary period is up no matter what the crime is. If what you did was particularly naughty, then you shouldn’t be getting handed a PBJ.
There is a schedule of what can be expunged in MD, after what amount of time. Some "misdemeanors" in MD can get more than a year so the distinction between a misdemeanor and felony is not so important. Legislature changed the law in 2016 when they decriminalized some drug offenses, so some drug convictions are eligible for automatic expungement too. Otherwise, some crimes where you got PBJ, you have to wait 3 years. Some others 10 years, and I saw some after 15 years. I would ask the attorney who handled your case whether it can be expunged, and when.
So that brings up a follow on question: if, in your far distant past you have a PBJ, do you need to go through the process of getting it expunged before you can buy a handgun in MD? Or does a few decades of time passing make the PBJ a non-issue?
Sent from my iPhone using Tapatalk
It is probation before judgement. It means you do probation and if you are on good behavior, you aren’t sentenced to jail/prison. it Still means you are guilty of the crime (through plea or conviction).
My expungement for denied today but this sounds very encouraging…I feel at ease now I didn’t get a hearing date yet tho do u know how long it takes to have a hearing for the objection??Alright guys well much to my surprise my HQL went active this afternoon. So just a recap for anyone in this situation, I did have 2 separate misdemeanor marijuana charges, I was able to get them both expunged (one of them actually before I was technically eligible), took the course, submitted the hql application, which I had to go back and have a trooper attach my expungment forms to because the charges were still in the system, and then 2 days later it went active.
Just a piece of info for people in my boat or care to know, there is an amount of time that has to pass before you are eligible for a charge to be expunged (in my case I think it was 4 years for the weed charge). And that is 4 years from the time the case is CLOSED, not from the time of the arrest or judgment. At the time I filed for an expungment my most recent case had not been closed for four years, I was at like 3 years and a month or so. FILE FOR AN EXPUNGMENT ANYWAY, NO MATTER WHAT. They will deny it l, and u will appeal it and go to court to plead your case. Apparently neither I or the judge were aware that it is at the judges descresion to allow the expungment even if it is not yet eligible ( I'm not a lawyer this was literally discussed by the state's attorney and the judge while I was standing there). I had basically told the judge that these charges have severely hindered me from being able to get a decent job (I had been turned down for numerous jobs over those charges) and that it is extremely difficult to provide for my family when these employers will not consider my application due to these charges which are no longer even a criminal offense. I also told her I was in school and felt as if investing in my education was a fruitless effort if no employers will consider me as a prospective employee after I graduate. She agreed and had no problem granting the expungment. Good luck to anyone in my position, don't lose faith if you have people on forums telling you your SOL or just deal with it...(I got that a lot, not here though) You may have to go through a bunch of BS to get your rights back, but it's your second amendment right and well worth the effort and fight.
My expungement for denied today but this sounds very encouraging…I feel at ease now I didn’t get a hearing date yet tho do u know how long it takes to have a hearing for the objection??
How many other, necro threads are you going to bring back up, about your Expungement being denied? This make the 3rd thread you've spammed about it (I don't count the thread you created specifically about your expungement, but the other three are spam)My expungement for denied today but this sounds very encouraging…I feel at ease now I didn’t get a hearing date yet tho do u know how long it takes to have a hearing for the objection??