Getting HQL with expungment of charges?

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  • Wheelman dan

    Member
    Feb 26, 2018
    21
    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?
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Well, I guess only time will tell since you already submitted your HQL app.

    The question, IMO, is whether the expungement covered NICS and what is in NICS. Only your lawyer handling the expungement can answer that. I think that there is a separate process for that.

    Since you already volunteered to be a guinea pig by submitting yuor HQL app, please update us in 2 weeks what happened. Also let us know what happens when you go to purchase.

    Also, since you are a "wheelman" post pictures of your purchase in the revolver porn thread.
     

    Wheelman dan

    Member
    Feb 26, 2018
    21
    I already have from my lawyer and have been told I should be in the clear. I'm more curious if anyone on here has had a similar experience with success or failure of being issued an HQL, and if they did receive it did they have to jump through any hoops before it was issued to them?
     

    Wheelman dan

    Member
    Feb 26, 2018
    21
    Il definately keep you all posted, I'm currently in the phase of checking every hour on the hour so you'll get a speedy response hahah. but I'm sure pessimism will set in soon, I'm already anticipating having to appeal a denied HQL considering I live in the least gun friendly state to my knowledge...
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Il definately keep you all posted, I'm currently in the phase of checking every hour on the hour so you'll get a speedy response hahah. but I'm sure pessimism will set in soon, I'm already anticipating having to appeal a denied HQL considering I live in the least gun friendly state to my knowledge...

    One sure fire way to check NICS is to go buy a long gun at an FFL. May as well get it over with. guns are like pringles, cant just have one.

    For the record, I do not think non-violent offenses should be disqualifying. But people keep voting for prohibition, so here we are.
     

    Wheelman dan

    Member
    Feb 26, 2018
    21
    One sure fire way to check NICS is to go buy a long gun at an FFL. May as well get it over with. guns are like pringles, cant just have one.

    For the record, I do not think non-violent offenses should be disqualifying. But people keep voting for prohibition, so here we are.

    I like your logic there dan, would be a quick way to check but my pockets are only so deep lol. Court fees, lawyers fee, HQL class fee, fingerprint fee, HQL application fee... Its really so ridiculous man.
     

    GOG-MD

    Active Member
    Aug 23, 2017
    366
    AA County
    I'm already anticipating having to appeal a denied HQL considering I live in the least gun friendly state to my knowledge...

    Oh, there are less-friendly states. Personally, I'd rather live here than Commiefornia. But MD is definitely bad. I just hope it doesn't get any worse.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    In May of 2016, Maryland enacted the Justice Reinvestment Act, authorizing expungement of police, conviction, and other official records for enumerated misdemeanor offenses. See SB-1005 (2016), available at http://mgaleg.maryland.gov/2016RS/Chapters_noln/CH_515_sb1005e.pdf

    Stagstalker is correct, law enforcement can always see what you were charged with, even after it is expunged.

    Are you quoting something your attorney sent you? So what if Maryland enacted a law to allow for the expungement of police, conviction, and other official records for enumerated offenses?

    You need to ask whether expungement of an offense means it is no longer a disqualifying offense for NICS.

    Did you receive probation before judgment or probation after being found guilty and having a guilty verdict entered against you? There is a huge difference. Depending on the answer to that, the next step would be looking up the maximum sentence carried by the criminal charge.

    Not enough information provided by you, and not enough time on my hands to go further with this.

    Good luck and keep us posted regarding the final outcome.
     

    rob

    DINO Extraordinaire
    Oct 11, 2010
    3,099
    Augusta, GA
    Expunged means it is legally removed from your record.

    Expunged means that you can legally answer 'no' to a "have you ever been convicted" question.

    Rob.

    Sent from my SM-T320 using Tapatalk
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    Expunged means it is legally removed from your record.

    Expunged means that you can legally answer 'no' to a "have you ever been convicted" question.

    Rob.

    Sent from my SM-T320 using Tapatalk

    Without a Governor's pardon, very few convictions can actually be expunged, and even when they can, they usually require a person to jump through a lot of hoops.

    For the most part, an expungement is granted when the defendant is found not guilty, the charged is dropped via a Nolle, the charge is put on the Stet docket, or the defendant receives Probation Before Judgment and the defendant completes the probationary period without incident. Very hard to get a conviction expunged.
     

    danb

    dont be a dumbass
    Feb 24, 2013
    22,704
    google is your friend, I am not.
    Without a Governor's pardon, very few convictions can actually be expunged, and even when they can, they usually require a person to jump through a lot of hoops.

    For the most part, an expungement is granted when the defendant is found not guilty, the charged is dropped via a Nolle, the charge is put on the Stet docket, or the defendant receives Probation Before Judgment and the defendant completes the probationary period without incident. Very hard to get a conviction expunged.

    What OP linked to was the 2016 MD law that made small drug offenses expungeable under certain conditions.

    OP said his lawyer said he was GTG and its been expunged... hes just looking for insight as to what MDSP will do.

    MD i understand. Not sure how NICS is handled.
     

    fabsroman

    Ultimate Member
    Mar 14, 2009
    35,852
    Winfield/Taylorsville in Carroll
    What OP linked to was the 2016 MD law that made small drug offenses expungeable under certain conditions.

    OP said his lawyer said he was GTG and its been expunged... hes just looking for insight as to what MDSP will do.

    MD i understand. Not sure how NICS is handled.

    Think I already asked the pertinent questions. What was the crime, what was the maximum sentence, and what was the ultimate verdict. Going any further than that might not be needed. An expungement might actually be irrelevant.
     

    Wheelman dan

    Member
    Feb 26, 2018
    21
    Think I already asked the pertinent questions. What was the crime, what was the maximum sentence, and what was the ultimate verdict. Going any further than that might not be needed. An expungement might actually be irrelevant.

    The crimes were two seperate misdemeanor possession of marijuana charges, mind you this was before under 10 grams was decriminalized. Received probation before judgment for one and guilty on the other. Completed all court orders and cases were closed in 2014. Max sentence was up to 2 years, but I served none. Both charges are now expunged and I have been told by my lawyer my gun rights should be restored through this process unless the expungment order explicitly states otherwise. I have no violent history or felonies. What do u think fabsroman?
     

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