PBJ 12-yrs ago. Expungement then CCW app?

[EVOIXGSR]

I need to have a word with an attorney in MD regarding a PBJ I received 12 years ago in Baltimore County. Not sure if the PBJ would prevent an approval of a CCW application or not. I also wanted to find out what is involved in executing an expungement, and how long it takes.

Any recommendations for a lawyer?, specifically one who is in the loop with the evolving Wollard case and it's implications for CCW in MD.

 

[capman98]

I would think that being the whole purpose of a PBJ is so that you do not have a conviction on your record you should be fine. I have one also and it hasen't kept me from buying handguns or EBR's. I would be interested though to hear what a more Law oriented person has to say.....

 

[EVOIXGSR]

I hear ya man, but after reading the MDSP Handgun Permit Application, page 7; I'm concerened. I've never been arrested or convicted any criminal law, but I have been charged with a violation(question #13). Answering yes, means I have to "EXPLAIN FULLY ALL YES RESPONSES ON ATTACHED CONTINUATION SHEET".
Based on my understanding, once I am granted an expungement, I no longer would answer "YES" to question #13.

 

[BrianS]

I was wondering the same thing. I had something over 24yrs ago that doesn't show up on casesearch, http://casesearch.courts.state.md.us/inquiry/processDisclaimer.jis , and doesn't show in my last few CJIS checks. BUT.. the questions ask "Have you ever.." which to me seems like you have to answer yes even though it doesn't show up. In my personal case I have the paperwork still and the disposition that I did some hrs washing police cars but I'm still unsure how to answer. Otherwise my record is perfectly clean.

 

[Second Amendment]

Expungement is just that. It's gone.

 

[CharlieFoxtrot]

It’s erased but you should do it ASAP since it takes about 4 months for the process to be complete. In fact it’s a misdemeanor (up to 1 year and $1K in fine and dismissal!) in Maryland for a governmental agency to require you to disclose expunged information on any application a license, permit, registration, or governmental service.

10-109. Prohibited acts.

Statute text
(a) Applications for employment or admission.-
(1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:
(i) by an employer or educational institution of a person who applies for employment or admission; or
(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.
(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:
(i) a criminal charge that did not result in a conviction; or
(ii) a conviction that the Governor pardoned.
(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:
(i) an employer to discharge or refuse to hire the person; or
(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.
(b) Penalties.-
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both for each violation.
(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.

 

[dwnthehatch]

This should help: http://www.courts.state.md.us/expungement/

 

[dlmcbm]

If it helps I have a PBJ on my record. Not going to say what for or ask what your is for. When I filled out my app i put everything I could remember about it on there (dates, charge) I was not arrested or convicted. All that was said about it at interview was he would have to check to make sure it was a PBJ. That was back in march and still waiting. At least i did not get a denied letter yet.

 

[Second Amendment]

If it helps I have a PBJ on my record. Not going to say what for or ask what your is for. When I filled out my app i put everything I could remember about it on there (dates, charge) I was not arrested or convicted. All that was said about it at interview was he would have to check to make sure it was a PBJ. That was back in march and still waiting. At least i did not get a denied letter yet.

If it has been more than three years, why don't you petition for expungement? That way you don't have to bring it up.

 

[dlmcbm]

If it has been more than three years, why don't you petition for expungement? That way you don't have to bring it up.

I have looked into it. Its been about 18 years ago but has also never caused me any problem. Not sure if I want to go through the hassle of that paperwork. I looked at it and looks complicated to me. Something I would rather get help with if I decide to.

 

[Straightshooter]

Not complicated at all. Get all the details of the case together, date, case number, date. Only gakes about 20 minutes and it used to be $35 filing fee.

Sent from my DROID RAZR using Tapatalk 2

 

[CharlieFoxtrot]

Its quite easy. You really need to do it.

 

[steves1911]

You should be fine if it was a pbj. I have one on my record from 2000 and I got my permit.