HqL question

[Tomvan]

Looking for help.I got my Hql.2 years and have bought 3 handguns since i have had it.I had a misdemeanor cds charge i had to get expunged and did that.Other then that one charge which was 22 years ago that was it.During this time i had problems buying a rifle because FBI said they did not to honor MD expungment.Now after 2 years it sounds like MSP is trying to take my HQL for this expunged charge and my lawyer is not getting far with getting this resolved.Anyone else have something like this happen after having HQL for 2 years and no charges in 22 years.Thanks for any help.

 

[Biggfoot44]

Better Lawyer

 

[outrider58]

Better Lawyer

^^^This

 

[Tomvan]

Well why dont you experts tell me what my lawyers missing?

 

[rseymorejr]

Well why dont you experts tell me what my lawyers missing?

That's it exactly. You need an expert in 2A issues. Theres no way any random person on here can advise you. Too many unknowns.

You don't want to F around with something that could put you in jail if it's not done just right

 

[Bullfrog]

Well why dont you experts tell me what my lawyers missing?

Get answers, become hostile when you don't like them. #1 surefire way to win friends and get even better advice.

 

[spoon059]

I was going to suggest a time machine and better decisions in the past...

Sent from my SM-N970U1 using Tapatalk

 

[Tomvan]

Your absolutley right.Ive been in this group for awhile now dont post alot but read alot post.Most guys dont even read the whole thread before they comment.I have had my HQL for 2 years now,wslked through the process with a trooper from MSP.My Hql got approved as soon as my compliance papers came in,so why is now that same expungment that the MSP told me to do and now a problem.I have a good lawyer but he is dealing with the goverment.

 

[Tomvan]

You no nothing about me man!!!

 

[Darkemp]

Guilty Verdict
If you were found guilty of one of these charges you may request an expungement no less than three (3) years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later:

urination or defecation in a public place,
panhandling or soliciting money,
drinking an alcoholic beverage in a public place,
obstructing the free passage of another in a public place or a public conveyance,
sleeping on or in park structures, such as benches or doorways,
loitering,
vagrancy,
riding a transit vehicle without paying the applicable fare or exhibiting proof of payment, or
certain other transportation charges (Md. Code, Transportation § 7-705).


If you were found guilty of one of these charges you may request an expungement no less than ten (10) years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later:

disorderly intoxication,
possessing a controlled dangerous substance (CDS),
use or possession of drug paraphernalia,
unauthorized manufacturing, distributing, or dispensing of a CDS,
certain burglary, trespass, and other property crimes,
breaking and entering a motor vehicle,
general theft (Md. Code, Criminal Law § 7-104),
littering and illegal dumping, or
disturbing the peace and disorderly conduct.


If you were found guilty of one of these charges you may request an expungement no less than fifteen (15) years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later:

assault in the second degree,
violation of an interim peace order,
failure to comply with a protective order,
felony theft,
possession with intent to distribute or dispense a controlled dangerous substance, or
burglary in the first, second or third degree.
This is not an exhaustive list. For a complete list of crimes eligible for expungement please see this page.



Exceptions: Are there situations where you CANNOT file for expungement?
In certain cases, you generally cannot get records expunged.

If you received a PBJ, and you were later convicted of a new crime within 3 years of the PBJ, you cannot get the PBJ case expunged. However, if the new conviction was for a minor traffic violation or for an action that is now no longer a crime, the new conviction will not prevent you from getting the PBJ expunged.

You cannot file for expungement of any records if you currently have criminal proceedings pending against you.

If you are convicted of a crime during the waiting period, you are not eligible for expungement unless the subsequent conviction becomes eligible for expungement.

You cannot get a PBJ expunged if the PBJ was for certain alcohol related driving offenses (Md. Code, Transportation § 21-902 OR Criminal Law §§ 2-503, 2-504, 2-505, or 2-506, or former Article 27, § 388A or § 388B).

A court has no authority to expunge aliases or grant an expungement in cases of identity theft.



The Unit Rule:
If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL the charges from that incident are eligible for expungement.

For example, a person might be charged with three separate offenses based on the same incident. The person might be convicted of one of the three charges, and have the other two charges dropped. If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either.

The only exception to the Unit Rule is for minor traffic violations. No matter what happens with the minor traffic violation, even if you are convicted of it, it will not affect your ability to get the other related records expunged.

Read the law: Md. Code, Criminal Procedure 10-107

 

[Pale Ryder]

You no nothing about me man!!!

Correct we don’t. If it were me, I’d be looking to temporarily move some items to a place outside of Maryland if possible and if they are not something you feel like losing. Not a lawyer so I can’t speak as to the quality legal advice you have received, but might be worth seeking different advice. Best wishes.

 

[Tomvan]

My charge was 22 years ago and not assult.The charge was expunged,i got my record from Md CJIS and their is nothing on their.It was done 2 years ago.I dont think that this is the MSP as much as nics.From what my lawyer told me the Fbi does not have to honor MD expungments,at least thats what i was told.

 

[Tomvan]

Sorry guys im trying to respond to each person but keep hitting quick reply.

 

[Darkemp]

My charge was 22 years ago and not assult.The charge was expunged,i got my record from Md CJIS and their is nothing on their.It was done 2 years ago.I dont think that this is the MSP as much as nics.From what my lawyer told me the Fbi does not have to honor MD expungments,at least thats what i was told.

What were you convicted of specifically? CDS depending on severity is enough to lifetime disqualify.

 

[Tomvan]

Guilty Verdict
If you were found guilty of one of these charges you may request an expungement no less than three (3) years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later:

urination or defecation in a public place,
panhandling or soliciting money,
drinking an alcoholic beverage in a public place,
obstructing the free passage of another in a public place or a public conveyance,
sleeping on or in park structures, such as benches or doorways,
loitering,
vagrancy,
riding a transit vehicle without paying the applicable fare or exhibiting proof of payment, or
certain other transportation charges (Md. Code, Transportation § 7-705).


If you were found guilty of one of these charges you may request an expungement no less than ten (10) years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later:

disorderly intoxication,
possessing a controlled dangerous substance (CDS),
use or possession of drug paraphernalia,
unauthorized manufacturing, distributing, or dispensing of a CDS,
certain burglary, trespass, and other property crimes,
breaking and entering a motor vehicle,
general theft (Md. Code, Criminal Law § 7-104),
littering and illegal dumping, or
disturbing the peace and disorderly conduct.


If you were found guilty of one of these charges you may request an expungement no less than fifteen (15) years after the guilty conviction or the satisfactory completion of the sentence, including probation, whichever is later:

assault in the second degree,
violation of an interim peace order,
failure to comply with a protective order,
felony theft,
possession with intent to distribute or dispense a controlled dangerous substance, or
burglary in the first, second or third degree.
This is not an exhaustive list. For a complete list of crimes eligible for expungement please see this page.



Exceptions: Are there situations where you CANNOT file for expungement?
In certain cases, you generally cannot get records expunged.

If you received a PBJ, and you were later convicted of a new crime within 3 years of the PBJ, you cannot get the PBJ case expunged. However, if the new conviction was for a minor traffic violation or for an action that is now no longer a crime, the new conviction will not prevent you from getting the PBJ expunged.

You cannot file for expungement of any records if you currently have criminal proceedings pending against you.

If you are convicted of a crime during the waiting period, you are not eligible for expungement unless the subsequent conviction becomes eligible for expungement.

You cannot get a PBJ expunged if the PBJ was for certain alcohol related driving offenses (Md. Code, Transportation § 21-902 OR Criminal Law §§ 2-503, 2-504, 2-505, or 2-506, or former Article 27, § 388A or § 388B).

A court has no authority to expunge aliases or grant an expungement in cases of identity theft.



The Unit Rule:
If you were charged with more than one offense based on the same incident, transaction, or set of facts, you can only have records from that case expunged if ALL the charges from that incident are eligible for expungement.

For example, a person might be charged with three separate offenses based on the same incident. The person might be convicted of one of the three charges, and have the other two charges dropped. If the conviction is not expungeable, the person will not be able to expunge the records from the two charges that were dropped either.

The only exception to the Unit Rule is for minor traffic violations. No matter what happens with the minor traffic violation, even if you are convicted of it, it will not affect your ability to get the other related records expunged.

Read the law: Md. Code, Criminal Procedure 10-107

Yes i have read all of it that apply's to me.Also their were alot of changes to expungments laws in 2018,and again in 2020.

 

[smokedog]

Could be as simple as someone on the federal level interpreting the legalese incorrectly. It's the government it takes time so listen to your attorney or listen to mdshooters. I would be more obliged to listen to the person I'm paying and not free internet advice.
Good luck

 

[Tomvan]

What were you convicted of specifically? CDS depending on severity is enough to lifetime disqualify.

It was $20 of morphine in 1999.I dont think so from what i read because even though it was a cds it was misdemeanor and not distribition.Also i dont think the MSP would have helped me through the process if it was a life time disqualifier.

 

[Darkemp]

It was $20 of morphine in 1999.I dont think so from what i read because even though it was a cds it was misdemeanor and not distribition.Also i dont think the MSP would have helped me through the process if it was a life time disqualifier.

Regardless of the misdemeanor classification it may be enough federally to disqualify. The advice already provided about seeking possibly stronger legal representation if your lawyer does not know what to do next may be what you need.

 

[Tomvan]

Could be as simple as someone on the federal level interpreting the legalese incorrectly. It's the government it takes time so listen to your attorney or listen to mdshooters. I would be more obliged to listen to the person I'm paying and not free internet advice.
Good luck

Thanks for the advice man
I was not trying to be an ******* to some of the other guys but this is serious to me.My lawyer thinks the same thing,the FBI is either misunderstanding something and dealing with them is a nightmare.I just was curious if anyone else had something like this happen.I know many guys in gun clubs that had expungement's done in MD and got their HQL
The laws changed alot in 2016 for misdemeanor crimes.

 

[Tomvan]

Regardless of the misdemeanor classification it may be enough federally to disqualify. The advice already provided about seeking possibly stronger legal representation if your lawyer does not know what to do next may be what you need.

I agree,inmet with my lawyer this week and we are getting a hearing to try to get to the bottom of this.