Expungement of assault charges denied HGP. Know anyone, or even other charges.

[GTOGUNNER]

Actually no I have read the first case on this. The fbi are not enforcing anything. The state police say they have to enforce fed law, even thou the feds cant see it in any way. So its circular, the feds cant see it, the state says they have to enforce the fed law. the fbi/atf has nothing to do with denials, its all the state police.

This.
the fbi/atf has nothing to do with denials, its all the state police.

 

[scottyfz6]

This.
the fbi/atf has nothing to do with denials, its all the state police.

Actually in this thread here post #38 a member posted the denial letter from the FBI. It looks like some how the record is getting accessed by the FEDs, and the SP. I dont know if cjis did what they are supposed to per the expungement or there is another ( secure ) system the feds can check

 

[Hard23]

the lawyers office is in towson im going to retain there service and its a nother victory case won at office of administrations with one of there clients and i got the law firm information from here Maryland Shooters

Cohen and Harris?? I have been talking with them on my situation. Expungment of battery case from 20 years back. Was told FBI has instructed MD not to accept expungments which is totally wrong apparently. A federal prosecutor said he would never bring up a expunged case against a defendant since it is indeed expunged! F ing MD

 

[Hard23]

Actually no I have read the first case on this. The fbi are not enforcing anything. The state police say they have to enforce fed law, even thou the feds cant see it in any way. So its circular, the feds cant see it, the state says they have to enforce the fed law. the fbi/atf has nothing to do with denials, its all the state police.

this is not what i was told by the Towson lawyer. Cohen and Hariss. Mr Hariss told me MD is taking this from the FBI. Either way its bull and wrong!

 

[scottyfz6]

this is not what i was told by the Towson lawyer. Cohen and Hariss. Mr Hariss told me MD is taking this from the FBI. Either way its bull and wrong!

Ok then it changed, the first case that C&H did, it was all the state police. Everything is changing on this as fast as it can.

 

[Hard23]

did they get a expungement compliance letter from Maryland CJIS ? if not it may still be in their system and that's what MDSP checks. I personally had an expungement done recently and was approved for my carry permit.

Hello. I was just curious on your original charge that you got expunged was it a Conviction? Guilty? or something else? Thanks. Just gathering info.

 

[Hard23]

Nope.

You can have an arrest that has no conviction. An expungment makes everything related to the ARREST disappear.
The problem is people listening to others saying answer yes to the arrest even if your cased has been expunged.

If you answer yes to the arrest and everything was expunged, this will make an investigator try and look for ANYTHING related to an arrest of yours, and maybe fine a scintilla of something out there.

I literally spoke to one of the women who works in the court who is a supervisor over expungements. She said to answer NO to an arrest.

That is, after you received all compliance letters.

What is meant by ALL compliance letters? I have the letter from the courthouse and have the CJIS letter. Will I need anything else?

 

[Blaster229]

What is meant by ALL compliance letters? I have the letter from the courthouse and have the CJIS letter. Will I need anything else?

Honestly at this point with what they have been doing, it doesn't look like anything works.
All I know is that I spoke with an actual expungement supervisor down in Annapolis and she said if you have CJIS letters saying such, it means it "never happened" and answer no to even being arrested.
She said if they bring it up, that is grounds for a lawsuit. The problem is, no one has the balls or money to proceed with that.

 

[Hard23]

Okay, turns out I found the person who the lawyer was working with. Outside of here, just kind of randomlyish.

He had his hql, had bought firearms. maryland then denied him a purchase. He has an expungement done many years ago, for an assualt.

He fought the MD state police and won in court, the judge said due to the wording of the MD expungement law, an expungement was complete and total the charge never happened in its effect. I have the case record I can share with redacted info if anyone else ever needs to fight the same fight.

Was the person mentioned here

Okay, turns out I found the person who the lawyer was working with. Outside of here, just kind of randomlyish.

He had his hql, had bought firearms. maryland then denied him a purchase. He has an expungement done many years ago, for an assualt.

He fought the MD state police and won in court, the judge said due to the wording of the MD expungement law, an expungement was complete and total the charge never happened in its effect. I have the case record I can share with redacted info if anyone else ever needs to fight the same fight.

What was the persons verdict on the assault charge? Guilty or something else. I am sorry for all the post but its to hard to read all this and just ask all questions in one post. Hope no one matters. I truly apologize if I mad anyone mad for this.

 

[vr6jettaboy]

this is not what i was told by the Towson lawyer. Cohen and Hariss. Mr Hariss told me MD is taking this from the FBI. Either way its bull and wrong!

It is wrong either way

 

[vr6jettaboy]

did they get a expungement compliance letter from Maryland CJIS ? if not it may still be in their system and that's what MDSP checks. I personally had an expungement done recently and was approved for my carry permit.

This is my opinion i believe its weather the expunged charge may was a conviction vs none conviction under maryland law you can get certain felony convictions removed after a waiting period vs not guilty dispositions i believe this how the fbi is looking at the whole situation and instructing MSP to handle things

 

[vr6jettaboy]

Cohen and Harris?? I have been talking with them on my situation. Expungment of battery case from 20 years back. Was told FBI has instructed MD not to accept expungments which is totally wrong apparently. A federal prosecutor said he would never bring up a expunged case against a defendant since it is indeed expunged! F ing MD

Well that may be true but they are sure not trying to except maryland expungements thats for sure

 

[KIBarrister]

It amazes me, with all this banter, that no one bothered to go read 5-101 of the Public Safety Article:

(b-1)(2) "Convicted of a disqualifying crime" does not include a case in which a person received a probation before judgment: (i) for an assault in the second degree, unless the crime was a domestically related crime as defined in Sec. 6-233 of the Criminal Procedure Article; or (ii) that was expunged under Title 10, Subtitle 1 of the Criminal Procedure Article.

There, in black and white, if it is expunged, it is not a disqualifying crime. Now, what if it is an expunged conviction (since we have had that for a few years)? Well, in MD an expungement is intended to place the person in the same position they were in legally before the offense was committed. If anyone is being denied based on an expunged crime they are either full of crap or have not gone through the process to put MSP in their place. Litigators are a dime a dozen, find one that knows 2A law.

This is a classic example of MD's intern law writers not cross referencing statutes. It doesn't change the import of an expungement under Maryland law.

ETA as demonstration for the above, the editor's notes on this topic point out that this section is "new language derived without substantial change from former Art. 27, Sec. 441(c)" - meaning it predates expungement of convictions by decades.

 

[scottyfz6]

It amazes me, with all this banter, that no one bothered to go read 5-101 of the Public Safety Article:



There, in black and white, if it is expunged, it is not a disqualifying crime. Now, what if it is an expunged conviction (since we have had that for a few years)? Well, in MD an expungement is intended to place the person in the same position they were in legally before the offense was committed. If anyone is being denied based on an expunged crime they are either full of crap or have not gone through the process to put MSP in their place. Litigators are a dime a dozen, find one that knows 2A law.

I agree but now the SP are saying they are denying because of fed law. Fed law is saying a MD expungement does not qualify per Wyoming crank.

 

[KIBarrister]

I agree but now the SP are saying they are denying because of fed law. Fed law is saying a MD expungement does not qualify per Wyoming crank.

which is bullsh!t. Again, find a non-dime-a-dozen litigator. it will be sorted out post haste.

 

[King of COD]

Just contacted this guy I’m trying to see if I can get a civil suit going for the folks goin thru expungement issues

 

[KIBarrister]

COD I just sent you a PM to point you in a better direction (your notion of using Mr. Crump is not going to pan out, to put it politely)

 

[KIBarrister]

I agree but now the SP are saying they are denying because of fed law. Fed law is saying a MD expungement does not qualify per Wyoming crank.

Which is BS. I have folks pass BC after expungement all. the. time. I can't put this any more plainly, an expungement in Marylandistan removes any prohibition to the extent it created one previously (and provided a person is not otherwise prohibited for another conviction or other reason)

 

[scottyfz6]

Which is BS. I have folks pass BC after expungement all. the. time. I can't put this any more plainly, an expungement in Marylandistan removes any prohibition to the extent it created one previously (and provided a person is not otherwise prohibited for another conviction or other reason)

You and I agree. You need to find wyoming crank v fbi or atf what ever it was and read the case.

The fbi and via the case, that an expungement needs to be to total and complete to remove all effects of the conviction to qualify under fed law. They say because Maryland courts can look up ( and the SP as well ) the case that its not total. The issue is the wording of MD statue on expungements, its states removed from public view, not remove and delete.

I think it needs to be fought in annapolis. Get them re word it to say delete and destroy all records. I would not suggest that its stated to be done for guns, state its so everything goes away, give people a total new beginning on life.

 

[vr6jettaboy]

I agree but now the SP are saying they are denying because of fed law. Fed law is saying a MD expungement does not qualify per Wyoming crank.