Will a Nolle Prosequi prevent ccw?

[NYRangers917]

Looking for the legal eagles opinions.

I have an old misdemeanor (nonviolent) that i paid a fine and did community service hours for. The state prosecuter put it on the stet docket and then after i did my part he filed a "nolle prosequi".
I think thats roughly "dont prosecute" but my latin is fuzzy.

Would this bar me from applying for a ccw? just dont want to throw out ~$450 just to be denied.

THanks all

 

[Bikebreath]

You’ll probably need a lawyer to get it expunged, but somebody that is also not a lawyer might come along and give you better advice.

 

[teratos]

It should not.

 

[trickg]

Get it expunged. It's a fairly simple process these days and you won't need a lawyer. (Why does that always seem to be the knee-jerk response to so much around here? "Get a lawyer!" it's almost as bad as the knee-jerk response on trumpet player forums where everyone wants to say, "Get a teacher!")

I know a kid who had a couple of 18-year-old stupid things on his record involving wacky weed that wasn't even his prior to it becoming decriminalized - he happened to be in the car, and everyone in the car got charged.

The state did a nolle prosequi - they charged the driver for the weed, and the girl with the paraphernalia in her purse (grinder and glass pipe) for the possession of paraphernalia, and did the NP for this other kid, so he got it expunged so that he shows up clean on Maryland Judiciary Case search. It was very simple - forms filled out, mailed to the court where the case was held, (I think that had to be registered or certified mail) and a few weeks later they received notification that it was expunged.

 

[GuitarmanNick]

It is easy and free to apply to get it expunged. Applications are available online and once completed take them to the appropriate court house, sign them in front of the clerk, save a signed copy, and wait to receive the confirmations.
No attorney needed unless the case is more complex than you stated.

 

[NYRangers917]

It is easy and free to apply to get it expunged. Applications are available online and once completed take them to the appropriate court house, sign them in front of the clerk, save a signed copy, and wait to receive the confirmations.
No attorney needed unless the case is more complex than you stated.

Ok i will look into that. Thanks

 

[6-Pack]

To be fair, he didn't say if it was in Maryland or another state. Expungements in Maryland are relatively straightforward, but other states are different. However, a nolle pros legally isn't a conviction anywhere - it's just that the prosecutor decided not to prosecute. Once the statute of limitations runs (3 years), you can expunge the charge.

I always tell my clients to expunge anything that's on their record at any time - it just makes life much easier in the future.

In Maryland, you do not have to disclose expunged records per Criminal Procedure 10-109 (copied below - I bolded the relevant sections):
(a) Applications for employment or admission. --
(1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:
(i) by an employer or educational institution of a person who applies for employment or admission; or
(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.
(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:
(i) a criminal charge that did not result in a conviction; or
(ii) a conviction that the Governor pardoned.
(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:
(i) an employer to discharge or refuse to hire the person; or
(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.
(b) Penalties. --
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both for each violation.
(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.

 

[trickg]

It is easy and free to apply to get it expunged. Applications are available online and once completed take them to the appropriate court house, sign them in front of the clerk, save a signed copy, and wait to receive the confirmations.
No attorney needed unless the case is more complex than you stated.

You don't have to take them physically - you can mail them. I don't remember if they needed to be notarized, but I don't think they did. In this case, the courthouse was the westernmost county in Maryland - Garret County. That would have been a heck of a long drive just to hand in some forms.

 

[trickg]

To be fair, he didn't say if it was in Maryland or another state. Expungements in Maryland are relatively straightforward, but other states are different. However, a nolle pros legally isn't a conviction anywhere - it's just that the prosecutor decided not to prosecute. Once the statute of limitations runs (3 years), you can expunge the charge.

I'm pretty sure in Maryland that you can get an expungement after 6 months, provided the prosecutor agrees to it. It sticks in my mind that there was some sort of stipulation involving that, although the kid waited longer than the statute of limitations to finally get it done.

 

[NYRangers917]

Yes the misdemeanor did take place in Maryland.

I just tried to find myself on MD case search but it no longer even comes up.....

I searched by both name and case number from my records and nothing comes up on the maryland case search so is it just poof gone?

 

[Afrikeber]

To be fair, he didn't say if it was in Maryland or another state. Expungements in Maryland are relatively straightforward, but other states are different. However, a nolle pros legally isn't a conviction anywhere - it's just that the prosecutor decided not to prosecute. Once the statute of limitations runs (3 years), you can expunge the charge.

I always tell my clients to expunge anything that's on their record at any time - it just makes life much easier in the future.

In Maryland, you do not have to disclose expunged records per Criminal Procedure 10-109 (copied below - I bolded the relevant sections):
(a) Applications for employment or admission. --
(1) Disclosure of expunged information about criminal charges in an application, interview, or other means may not be required:
(i) by an employer or educational institution of a person who applies for employment or admission; or
(ii) by a unit, official, or employee of the State or a political subdivision of the State of a person who applies for a license, permit, registration, or governmental service.
(2) A person need not refer to or give information concerning an expunged charge when answering a question concerning:
(i) a criminal charge that did not result in a conviction; or
(ii) a conviction that the Governor pardoned.
(3) Refusal by a person to disclose information about criminal charges that have been expunged may not be the sole reason for:
(i) an employer to discharge or refuse to hire the person; or
(ii) a unit, official, or employee of the State or a political subdivision of the State to deny the person's application.
(b) Penalties. --
(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $ 1,000 or imprisonment not exceeding 1 year or both for each violation.
(2) In addition to the penalties provided in paragraph (1) of this subsection, an official or employee of the State or a political subdivision of the State who is convicted under this section may be removed or dismissed from public service.

I can see MSP licensing getting themselves in trouble with this one given the surge of applications and irresponsible urge to deny.

 

[Burt Hammersmith]

So I’m not a lawyer, I don’t play one on TV and this isn’t legal advice.

Wouldn’t it have to be a conviction of certain crimes to get you denied? A PBJ or nolle pros of a misdemeanor isn’t a conviction. Like for example caught with cannabis, or something along those lines. If you are out of the time frame and satisfied the court requirements, even if you didn’t get it expunged I don’t believe that would be considered something to get you denied? Can the SP still see those charges after expunged since they’re LE?

 

[NYRangers917]

Sigh i guess to be frank and reveal my past to internet strangers

this took place in moco

It was for solicitation of a prostitute. I was never arrested. they just took my info and let me go.
week later i got the summons in the mail. did my fine and comm service, then it got nolle'd
doesnt even come up in the case search anymore.

 

[Brute]

Sigh i guess to be frank and reveal my past to internet strangers

this took place in moco

It was for solicitation of a prostitute. I was never arrested. they just took my info and let me go.
week later i got the summons in the mail. did my fine and comm service, then it got nolle'd
doesnt even come up in the case search anymore.

Oh, that's all? I was afraid it was for being a Rags fan.

 

[Hibs]

It's been a year since I got my Handgun Permit, I forget what the application questions even are.

I don't see this being listed anywhere under a reason why you would not be able to get a permit.

 

[Burt Hammersmith]

Sigh i guess to be frank and reveal my past to internet strangers

this took place in moco

It was for solicitation of a prostitute. I was never arrested. they just took my info and let me go.
week later i got the summons in the mail. did my fine and comm service, then it got nolle'd
doesnt even come up in the case search anymore.

Did you cite the Mayor Marion Barry clause at least?

 

[NYRangers917]

thanks for all the responses. I will go ahead with the ccw class and just hope for the best. i feel a bit more confident after reading over the disqualifer list and some of these responses

thanks all i will update with the results of my app

 

[NYRangers917]

Oh, that's all? I was afraid it was for being a Rags fan.

Also blueshirts forever baby!!!!
No crapitals gear in my house

 

[eruby]

Also blueshirts forever baby!!!!
No crapitals gear in my house

Eddie Giacomin approves

I usually went to 14th and L in DC for action. Where in MoCo, the Tastee Diner parking lot?

 

[NYRangers917]

Eddie Giacomin approves

I usually went to 14th and L in DC for action. Where in MoCo, the Tastee Diner parking lot?

lol nah I'm a millenial i used them thar internets