Need advice - Background check denied

[Xfade]

I recently went to purchase a handgun. The MSP denied my background check for charges I had back 15 years ago when I was 18. However, the conviction was overturned and I now have a PBJ for that charge. But according to the MSP only the convicition is showing up in whatever system they are using to check my RAP sheet and no record of the stayed judgment. when I go to my casesearch it clearly shows a stayed judgement for that charge.

I asked the trooper on the phone if I could get a copy of what he was seeing. He said they are not allowed to do that.

My question is, obviously whatever rap sheet system they are using for the state of Maryland (and i asked him if it was the FBI system and he said no, the state system they use for rap sheets) is clearly not accurate and up-to-date, how do I go about getting the system they use current?

This has really got me peeved. Now I'm going to lose ~$90 for a restocking fee at the gun shop all because the state cant manage to keep all their records on me up-to-date and accurate. And apparently I have no right to see what they see.

 

[Lex Armarum]

I can help if you're willing to spend the money to rectify the situation.

 

[fivepointstar]

what are the original charge or charges??

 

[Xfade]

Rusty

I may do that

I've already been in touch with my attorney before I got a response from MSP. After we talked about it, he askes "why do you want a gun anyways"? So obviously hes not exactly pro gun.

Is this situation something that you specialize in? How much do you think it will cost? And is it something that can be fixed quickly?

Because I can go down and get my record expunged. But it could l take a year with these yahoos at the state.

 

[Xfade]

what are the original charge or charges??

2nd Degree assualt. I got into a fight when I was 18.

 

[mikec]

xfade, I know you are a bit upset now but please work with a lawyer and hopefully this gets worked out. There is another member here who went through a long process to get things straightened out because somehow MD had info the other member's original home state didn't even have.

I do not think any lawyer will quote fees/rates in a forum like this, other than maybe "Hey i can do a simple will for $x".

Good luck.

 

[CharlieFoxtrot]

Of course I'm biased, but you should get an attorney. My experience has been that the CJIS system the MSP uses is very good at tracking arrests/charges but weak on linking them to the disposition. Besides helping you clear this issue up short term, an attorney can also help you to get the PBJ expunged so this won't pop up again in the future.

 

[Xfade]

I do plan on using an attorney. I wasn't asking how much exactly. I guess I should of asked "is it a long, drawn out, lengthy process, that will take a substantial amount of billable time? or is it something that is minor to take care of, for an attorney?"

And is there anyway any one knows of to get it fixed quickly. So that I can continue with the pruchase and not lose any money because of our governments ineptitude.

 

[mikec]

Until the legal question is resolved the dealer probably will consider you a prohibited person and not want to continue with the transaction. I was in a shop when they were talking to a person who was denied and the shop said they would not transfer the gun in that case to anyone that buyer knew because it could be considered a straw purchase.

The best you can hope for is that the FFL will hold the gun, after you paid for it pending the outcome of your legal work.

 

[Lex Armarum]

I do plan on using an attorney. I wasn't asking how much exactly. I guess I should of asked "is it a long, drawn out, lengthy process, that will take a substantial amount of billable time? or is it something that is minor to take care of, for an attorney?"

And is there anyway any one knows of to get it fixed quickly. So that I can continue with the pruchase and not lose any money because of our governments ineptitude.

As always, it depends on the particular facts and circumstances. The process in general is not a short process and can take upwards of 6 mos. to a year for the simplest matters. It all depends on which route you, as the client, wish to pursue.

Post-conviction issues are not easy issues and the available remedies are largely dependent on a wide set of facts and circumstances. If you wish to contact me, please PM me.

 

[MDFF2008]

At least you know rusty is a pro-gun lawyer.

That lawyer reminds me of a doctor I had. People are paid to represent you; not present you with their personal opinions imposed on you.

 

[Xfade]

I already got my lawyer on it. He's been in touch with MSP and is working on the states attorneys office now. We'll see how he does. He is a pitbull and very well respected and connected in Annapolis

I don't think he is anti gun. I just think he a little reserved about them compared to people like us. He said he worries about people carrying when they're not susposed too and getting in trouble. I assured him that it would stay locked up in a safe with a bore lock and would not come out for any other reason but to go to the range or the gun shop or to be cleaned. I wouldn't even use it for home defense with kids in the house honestly.

 

[rseymorejr]

I already got my lawyer on it. He's been in touch with MSP and is working on the states attorneys office now. We'll see how he does. He is a pitbull and very well respected and connected in Annapolis

I don't think he is anti gun. I just think he a little reserved about them compared to people like us. He said he worries about people carrying when they're not susposed too and getting in trouble. I assured him that it would stay locked up in a safe with a bore lock and would not come out for any other reason but to go to the range or the gun shop or to be cleaned. I wouldn't even use it for home defense with kids in the house honestly.

You shouldn't have to explain your reasons for wanting to exercise your rights to someone you are paying to represent you. He sounds like a typical ******* that doesn't trust "common people" with guns.
I would re-think using this jerk.

 

[Cis-Lunar]

I wouldn't even use it for home defense with kids in the house honestly.

That's the reason we are an armed family, mostly because i want to protect my kids and wife. Although we are a safe family too, i think with i little planning on the "what if's" you would feel more comfortable keeping something in the house. Like say if someone comes in the front door i will do X. Not trying persuade you on anything or say you dont want to protect your family so please dont take offense. I know you are just trying to protect your children My wife and i went through this too. We came up with scenarios to better defend our children and each other together. This go's for things like home invasions down to fires..

 

[chris12138]

I'm amazed that a 15 yr old assault charge is grounds to deny you your 2nd ammendment rights...Is that just for regulated weapons?

 

[Xfade]

You shouldn't have to explain your reasons for wanting to exercise your rights to someone you are paying to represent you. He sounds like a typical ******* that doesn't trust "common people" with guns.
I would re-think using this jerk.

LOL he can be a jerk. But he's also been the family and business attorney since, well since before I was born. He knew me when I was little kid, so I cut him some slack. He also represented me on the case that started all this, soo im gonna see what he does.

 

[Xfade]

I'm amazed that a 15 yr old assault charge is grounds to deny you your 2nd ammendment rights...Is that just for regulated weapons?

I think thats for any firearm.

 

[Xfade]

Thanks Obsolete. I will probably need that info eventually. If my Attorney can't get something straightened out fast, I think thats my last option.

 

[MDFF2008]

Thanks Obsolete. I will probably need that info eventually. If my Attorney can't get something straightened out fast, I think thats my last option.

I think you can file for expungement for 30 dollars on your own and save the lawyer fees.

 

[rj1974]

I think you can file for expungement for 30 dollars on your own and save the lawyer fees.

Yep go to the court house get the paperwork you will need you case number you want expunged . My BIL did it for a assault charge he got a PBJ on many moons ago. If I remember right he had his paperwork back in less then 2 months .