Maryland 77R expungement

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  • blueharford

    Member
    May 6, 2020
    60
    Harford County, MD
    Hey all,

    I just got my HQL, and im looking for a 77R, i got through the form and to the questions:

    Question 3 is

    3. Have you ever been convicted of a crime of violence?
    The term crime of violence means: abduction; arson in the first degree; assault in the first or second degree; burglary in the first, second, or third degree; carjacking and armed carjacking; escape in the first degree; kidnapping; voluntary manslaughter; maiming as previously proscribed under former Article 27, §386 of the Code; mayhem as previously proscribed under former Article 27, §384 of the Code; murder in the first or second degree; rape in the first or second degree; robbery; robbery with a dangerous weapon; sexual offense in the first, second, or third degree; an attempt to commit any of the crimes listed above; or assault with intent to commit any of the crimes listed above or assault with intent to commit a crime punishable by imprisonment for more than 1 year.


    I had a second degree assault on my record and on 3/30 got it expunged. it hasn't been removed from CJIS yet, but i have all the expungement paperwork which i used to get my HQL without issue.

    when i hit Yes it says

    If a truthful answer to question 3 is "yes," it is a violation of law for you to purchase or possess a firearm. Providing a false answer to any of these questions is a crime and may result in imprisonment and a fine. (DO NOT PROCEED)

    This action will prohibit the applicant from purchasing a regulated firearm using this application form and will void the application completely.


    what do i do? has anyone had this experience?
     

    blueharford

    Member
    May 6, 2020
    60
    Harford County, MD
    for anyone that might have this question one day. per MSP licensing. if its expunged and not removed from everything yet. say no to convictions and attach your expungement at the end of the 77R.
     

    Nanook

    F-notso-NG-anymore
    Even with MSP saying something, spend a 'few' bucks with a 2A lawyer in MD. Sometimes, depending on who gets on the phone, the answers in the past have been mixed. What you don't need is Trooper A saying "You're good" and hypothetically Trooper B raising the penalty flag (correctly or not) then you get to meet some SWAT-types when they bust down your door and probably shoot your dog to get that firearm "back".

    Note: this is not 'cop bashing', things can happen with dynamic entries and if the canine is construed as a threat, well, sht happens.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Even with MSP saying something, spend a 'few' bucks with a 2A lawyer in MD. Sometimes, depending on who gets on the phone, the answers in the past have been mixed. What you don't need is Trooper A saying "You're good" and hypothetically Trooper B raising the penalty flag (correctly or not) then you get to meet some SWAT-types when they bust down your door and probably shoot your dog to get that firearm "back".

    Note: this is not 'cop bashing', things can happen with dynamic entries and if the canine is construed as a threat, well, sht happens.


    nah... the MSP answer is correct and several people have been through this.
     

    blueharford

    Member
    May 6, 2020
    60
    Harford County, MD
    Even with MSP saying something, spend a 'few' bucks with a 2A lawyer in MD. Sometimes, depending on who gets on the phone, the answers in the past have been mixed. What you don't need is Trooper A saying "You're good" and hypothetically Trooper B raising the penalty flag (correctly or not) then you get to meet some SWAT-types when they bust down your door and probably shoot your dog to get that firearm "back".

    Note: this is not 'cop bashing', things can happen with dynamic entries and if the canine is construed as a threat, well, sht happens.

    I talked to the guy whos actually going to approve my 77R, and i did speak to my lawyer too. Great for what the laywer says, but at the end of the day im not trying to get it to that point.
     

    whistlersmother

    Peace through strength
    Jan 29, 2013
    8,948
    Fulton, MD
    Congrats on the expungement and pending purchase. Basically, if society trusts you enough to be on the street, you shouldn't have to go through hoops like an expungement.
     

    ebrew4

    Member
    Sep 28, 2022
    75
    20904
    Congrats. Got my expungement, got the HQL, even got W&C! So should I send a copy of the court order for expungement with the 77r? At first they said no to the HQL, then I had something removed form the file by request. Then the HQL got approved. So I'm not sure what to add or not add for the 77r.
     

    thadimespitta

    Member
    Jan 23, 2024
    4
    USA
    Congrats. Got my expungement, got the HQL, even got W&C! So should I send a copy of the court order for expungement with the 77r? At first they said no to the HQL, then I had something removed form the file by request. Then the HQL got approved. So I'm not sure what to add or not add for the 77r.
    Hey man, Im in the same boat as you. What exactly did you have to tell CJIS for them to make the expungement 100%? I called CJIS and they say I am clear, but Im afraid MSP/FBI will see this "quarantined file" that can be seen with a "code", what do I need to do?? And, did you have success with the 77r?
     

    ebrew4

    Member
    Sep 28, 2022
    75
    20904
    I have not submitted the 77r form as of yet. I wanted/waiting for a leagal consultation. Reason being the Q. .." have you ever been.." is tricky, even with the expungement. I've been told by others deny, deny deny. They can't see it. Yes, but if the can and or there is more than one data base I'm F#$k! So waiting for advice from Cohen& Harris as to what ti say.
    Option 1..deny
    Option 2 deny, and provide expungement compliance forms running the risk of a self-screw.
    As far as Cijis goes I asked the lady is there a code that has not been deleted that MSP can see? Yes and I will delete it for you per court order. " Call me back in 24 hrs and I will see if it has been removed. 24 hrs later..IT WAS! My gut says go for it, but since I spent the $300 for the advice I will wait a few more days. After all the HQL is good for 10 years. The other aspect is did MSP give the HQL based on the W&C exemption and no follow up background check? Just perfuctionary/ pro forma?
    I know this is a long answer, but like the Godfather said " women and children can be careless, men cannot ". I'm a cautious man.
    Good luck to you, let me know how yours turns out.
     

    thadimespitta

    Member
    Jan 23, 2024
    4
    USA
    I will certainly keep you up to date on this grueling process and offer any helpful information that i find out. You are at the finish line! Almost there! I spoke with a clerk at CJIS expungements dept and she had no idea about the msp code. Do you remember the reps name that you spoke to or job position?
     

    ebrew4

    Member
    Sep 28, 2022
    75
    20904
    no, it was a transfer call from the main number. just got lucky I guess. tried to call back thinking it was her wanting to thank him but differnt person answered. I suspect MSP is /might be trying to shut it down.
     

    ebrew4

    Member
    Sep 28, 2022
    75
    20904
    Well this is day 4 on the wait and see 77r maybe we will, maybe we won't game. Got the best legal advice I could filled out the 77r. Last I checked all it said was under review...or we're thinking about it. So sometime next week I'll know if they see me as a born again good citizen. No to all questions about past sins.
     

    thadimespitta

    Member
    Jan 23, 2024
    4
    USA
    Slight update...... submitted 77R this week - no to everything, also awaiting CCW. Received cleared HQL this week after about a 2 week turnover - also voted no to everything. So far so good. Will continue to update as the days move forward, hoping for the best for us all! Anyways, gotta go - headed to the store lol.
     

    ebrew4

    Member
    Sep 28, 2022
    75
    20904
    I should know answer to 77r Wednesday makes 7, so 0600 Thursday is when the yea or ney email should drop. Best legal advice says it will fly but no such thing as a sure thing other death and taxes. Main concern was possible legal issues arising from " No" answers. Not an issue. Best of luck to us and all the others in this boat. I'll let you know.
     

    thadimespitta

    Member
    Jan 23, 2024
    4
    USA
    Great news!! MDSP returned 77r "NOT DISAPPROVED" at 6am on the dot. Cannot wait to get paws on the new toys today. Still awaiting CCW, which should be practically automatic at this point the way things are going. ebrew4 you should have all green lights by now man, what's up?
     

    ebrew4

    Member
    Sep 28, 2022
    75
    20904
    First Congrats to you!! As for me I am one mouse click away from you.( hopefully) Filed 77r no to everything, got placed on review, then second review then hold. The hold arises from an old 1978 charge from DC. As they put it.."open criminal charge".
    Well not really I went down to DC Superior Court, pulled the jacket & disposition which was nolle pros ( government dropped charge/no conviction) and hand delivered it to the MSP licensing section. So now I wait...again. The good news is all the other history is GONE. As delivery was late yesterday I am hopeful the hold will be lifted today or Monday.
    I will let you know. In the meantime enjoy your restored 2A rights and keep a copy of everything as MSP is redundant in asking for s$%t.
     

    scottyfz6

    Ultimate Member
    Dec 22, 2018
    1,343
    First Congrats to you!! As for me I am one mouse click away from you.( hopefully) Filed 77r no to everything, got placed on review, then second review then hold. The hold arises from an old 1978 charge from DC. As they put it.."open criminal charge".
    Well not really I went down to DC Superior Court, pulled the jacket & disposition which was nolle pros ( government dropped charge/no conviction) and hand delivered it to the MSP licensing section. So now I wait...again. The good news is all the other history is GONE. As delivery was late yesterday I am hopeful the hold will be lifted today or Monday.
    I will let you know. In the meantime enjoy your restored 2A rights and keep a copy of everything as MSP is redundant in asking for s$%t.
    You need to file for your fbi back ground check ( rap sheet ). This will show your record that the FBI has, this probably kicked back the DC charge with no disposition . You can then file a correction of this record with the docs from DC and it wont be a problem any more.

    I had the same problem, an arrest in VA from 1991 that had no info beyond the arrest ( literally just the arrest NO court info ). The fbi was holding up a tax stamp due to no final disposition. I fought them over this for close to year due to VA not having any records older than 10 years. Finally I had to file for a expungement in VA, and go to court. VA does expungements different than maryland, they only expunge not guilties and nolo pros. So I had to go to court and declare that the arrest ended in one of the two, just so my record could be corrected.
     

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