Can you be denied a handgun permit or a handgun purchase for an expunged case? Building on our prior gun related topics. Today we're going to discuss whether Maryland State Police can deny your request for a handgun permit or to purchase a handgun if you have an expunged case. The answer is not as straightforward as you may expect, and as lawyers like to say, it depends. I'm Morgan Lay with Sano Law pc. I run our Maryland criminal law practice based out of Montgomery County.
Maryland law
Maryland law defines expunge as removing information about a criminal case from public inspection. It does not require prosecutors or police to destroy their own records or work product. So these entities can keep their case files including notes, discovery, and biographical information about a defendant so long as it is not subject to public inspection. So just because a criminal charge is removed from your wrap sheet does not mean that the police do not have records concerning the charge. So what happens when a criminal case is expunged? First, when a criminal case is expunged, the court clerk and police are ordered to expunge all court and police records related to the case. The clerk and police are then required to file a certificate of compliance with the court within 60 days of the court ordering the expungement. This is where you need to get a copy of your FBI identity history Check to confirm that the police followed the law.
People expunged a case
Many people come to us because they expunged a case and went to apply for a job only to find out that the charge showed up on a background check. We always advise people to get a copy of their FBI background check by following the directions on the FBI website. There are two ways to get a case expunged under Maryland law. First, if the case did not result in a conviction, then you have the right to expunge the case. This applies to probation before judgments not guilty verdicts cases on the stat docket or cases that were dismissed by a judge or a prosecutor. Generally, you must wait three years unless you file a waiver of your right to sue anyone related to the case for certain charges that resulted in a conviction. You can expunge the case after a certain period of time even if the conviction was not pardoned or otherwise set aside.
Waiting period
The waiting period depends on the type of charge, and you can only expunge a case if any subsequent cases or charges are also eligible for expungement. This is the type of expungement that is the subject of today's video. Now let's talk about the relationship between expungements and the right to purchase and or obtain a permit for a handgun after the Supreme Court's decision. In the Bruin case, Maryland State Police could no longer deny a handgun carry permit simply because an applicant could not show a good and substantial reason to obtain a permit. The major effect that it has was a 700% increase in the number of applicants. Because of this, Maryland State Police is carefully scrutinizing applications in order to reduce the number of permits issued. We're getting a lot of calls from people who do not understand why they are being denied a handgun permit or purchase because of an old case that was expunged.
D
enying permits
Now we don't agree with Maryland State Police's position and litigation has already begun on these issues. In denying permits, Maryland State Police is relying on a case that came out of the 10th Circuit based on a Wyoming law that established a procedure for expunging misdemeanor convictions for the purpose of restoring any firearm rights lost. We're going to provide that citation for you on the screen in case you want to look it up yourselves without getting into too much legalese. The point is that the 10th Circuit agreed with the A TF that this Wyoming statute did not satisfy the federal definition of expungement or to set aside. So what does this mean for Maryland residents or someone who got a conviction in Maryland? First, if you have a criminal conviction that you are considering expunging, please consult a criminal defense attorney to see if there is a way to obtain a pardon or set aside the case before expunging it.
Second option
Second, if you already have expunged a conviction, you can still challenge the Maryland State police's denial of your permit or purchase application with the Office of Administrative Hearings. The Maryland expungement statute is much more broad than the Wyoming statute that the Maryland State Police relies on. But the safest thing for you to do is to seek to have the conviction, pardon or set aside before expunging the case. We have no way of knowing how these issues will play out at the state and federal level, but we will continue to fight for our client's rights. We hope you found that this video useful and please subscribe to our YouTube channel and leave a comment if there's any other topics that you'd like to hear about. Thanks again. Morgan Lay with Sano Law PC.
YouTube Video Link: https://www.youtube.com/watch?v=FZOqVUVLXAg&t=95s
Credit: Megan Leigh, Scrofano Law PC
Also read https://www.whycastlekeepers.com/2024/01/25/hql-md-wear-and-carry-clarification-by-the-gun-brotha/