Application for Handgun Permit (concealed carry)

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  • Darkemp

    Ultimate Member
    MDS Supporter
    Aug 18, 2009
    7,808
    Marylandistan
    Well I answered honestly, I've got no reason to hide anything, but I understand the apprehension of some here. It's called BGOS (Battered Gun Owners Syndrome).
     

    Straightshooter

    Ultimate Member
    Aug 28, 2010
    5,015
    Baltimore County
    Then AGAIN...see the next page....8. Saying they can't use that as the "sole reason for denial". WTF do they mean, if they have a policy in place for an officer testifying against you at your appeal, if they can't use it against you?!?

    What it means is, if you say yes, they will look harder and longer trying to find anything at all to use against you.
     

    ericahls

    Active Member
    Aug 31, 2011
    672
    Elkridge MD
    I completely disagree. You have things expunged so as to remove them from your records permanently. If you give this information willingly to the MSP on your app you are entering it back into their records with no way to ever remove it again.

    Sent from my DROID RAZR using Tapatalk 2

    Perhaps you didn't know this but expungment doesn't remove your record permenantly, it just blocks certain agencies for seeing it. Other agencies aren't blocked.
     

    GBMaryland

    Active Member
    Feb 23, 2008
    954
    MoCo
    I completely disagree. You have things expunged so as to remove them from your records permanently. If you give this information willingly to the MSP on your app you are entering it back into their records with no way to ever remove it again.

    Sent from my DROID RAZR using Tapatalk 2

    The New Jersey State Police told me that I should not put anything expunged in New Jersey on any form or piece of paperwork.

    If it's expunged, it's considered in New Jersey not to have happened.

    You are allowed to truthfully answer that your were not arrested, etc.
     

    Straightshooter

    Ultimate Member
    Aug 28, 2010
    5,015
    Baltimore County
    Perhaps you didn't know this but expungment doesn't remove your record permenantly, it just blocks certain agencies for seeing it. Other agencies aren't blocked.

    I know first hand how it works. I also know that each agency sends a report to the requesting party starting that all records have been expunged. So if the FBI and CJIS doesn't show anything, then who do you think has access to these "blocked " records?

    Sent from my DROID RAZR using Tapatalk 2
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    I know first hand how it works. I also know that each agency sends a report to the requesting party starting that all records have been expunged. So if the FBI and CJIS doesn't show anything, then who do you think has access to these "blocked " records?

    Sent from my DROID RAZR using Tapatalk 2
    The Feds do for a fact. The records do not ever go poof
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    No, but they also will not give it to that States... A judge still has to agree to unseal the records... no?

    Actually, no. Federal law requires the states to make those state expunged records available to Federal investigators without any judicial order.
     

    esqappellate

    President, MSI
    Feb 12, 2012
    7,407
    I thought the FBI was the Feds. So, why didn't anything show up for an expunement I had done 10 years ago? Or wasn't this request high enough on the scale of importance?

    Sent from my DROID RAZR using Tapatalk 2

    The FBI are among the feds. Can't speak to your situation. Federal law requires the states to make those records available to federal investigators upon request.
     

    gre24ene

    Ultimate Member
    Mar 6, 2012
    1,519
    IIRC after 9/11 the rules and guidelines surrounding "expungement" were quietly modified by DHS. Even after having a charge expunged the records are kept by DHS under a terrorist bill.
     

    GBMaryland

    Active Member
    Feb 23, 2008
    954
    MoCo
    Actually, no. Federal law requires the states to make those state expunged records available to Federal investigators without any judicial order.

    Well, ahhh, you and I have similiar backgrounds... so I assumed that. However, I thought that by definition, the Feds are no longer permitted to disclose that information (as a court order is issued) to other States...
     

    Merlin

    Ultimate Member
    Dec 31, 2009
    3,953
    Carroll County, Maryland
    I had a similar situation. The trooper told me that they view those arrests as if they didn't happen.

    Put it on the app though. It won't hurt to have it but might hurt you for lying.

    But he would not be lying if the MD law says he does not have to say anything. If he was questioned about it he can rightfully say the MD law said I did not have to. Unless I'm missing something. This CCW app is worded in a way where to make you feel that unless you tell all your lying some how. If the MD law says you do not have to tell, you do not have to tell. The MSP knows this but when the MSP manipulate came up with the wording on this app it was intended to trick the uniformed.

    Just like how it is OK for the LEO's to lie to you if they were questioning you for some crime. They can tell you anything and if your not smart enough to know your rights it's not their fault.
     

    GBMaryland

    Active Member
    Feb 23, 2008
    954
    MoCo
    This is what an attorney is saying in NJ about the process IN THAT STATE:

    Excerpt, full page an information is published here (http://www.njexpungements.com/):

    "What Are the Benefits of Expungements in NJ?

    Expungements provide three huge benefits.

    The first benefit is that expungements result in the "isolation" of records of convictions. They also isolate records even of the arrest, regardless of whether the arrest resulted in a conviction. Thus searches done of official government databases, such as the courts or the FBI, will come back as “No Record Information.”

    The second benefit is that once the judge signs the expungement order, the person whose criminal record has been expunged is legally entitled to state that the arrest or conviction never happened. Thus the person may confidently answer questions that previously would have caused embarassment."

    No idea if this is actually correct, but it's stating that the FBI will no disclose your record one the court issues an order. (Though I'm sure they will to Federal investigators...)
     

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