Does Expungement Restore Gun Rights in Maryland?
In Maryland, expungement is the process of removing a person’s criminal record from the public domain. This is often done to help individuals with past criminal convictions regain their rights and opportunities that were lost due to the conviction. However, a common question arises: Does expungement restore gun rights in Maryland?
Contents
Understanding Gun Laws in Maryland
Before diving into the expungement process and its impact on gun rights, it’s essential to understand Maryland’s gun laws. In Maryland, a person is prohibited from purchasing, owning, or possessing a firearm if they:
• Have been convicted of a felony or a disqualifying misdemeanor
• Are subject to a protection order or a restraining order
• Are addicted to a controlled dangerous substance
• Are an unlawful user of or addicted to marijuana
• Have been found not guilty by reason of insanity
• Are not a U.S. citizen or are an alien not lawfully admitted for permanent residence
The Expungement Process in Maryland
To expunge a criminal record in Maryland, the individual must meet certain requirements. The process typically involves:
• Filing a petition with the court that handled the original conviction
• Providing proof of compliance with the terms of probation or parole (if applicable)
• Providing proof of rehabilitation (if applicable)
• Paying a fee (currently $35 for a misdemeanor conviction and $50 for a felony conviction)
If the court grants the petition, the records will be sealed, and the individual will be allowed to truthfully deny the conviction.
Does Expungement Restore Gun Rights in Maryland? The Answer
Unfortunately, expungement does not automatically restore gun rights in Maryland. Even after a successful expungement, a person may still be prohibited from possessing or purchasing a firearm due to the underlying conviction.
Table: Post-Expungement Prohibitions on Gun Rights in Maryland
| Prohibition | Reason |
|---|---|
| Felony conviction | Lacks the right to ship, transport, possess, or receive firearms ( Md. Code Ann., Public Safety § 5-101) |
| Misdemeanor conviction involving violence or a controlled substance | Lacks the right to ship, transport, possess, or receive firearms (Md. Code Ann., Public Safety § 5-101) |
| Misdemeanor conviction involving a domestic disturbance | Lacks the right to ship, transport, possess, or receive firearms (Md. Code Ann., Public Safety § 5-101) |
| Misdemeanor conviction involving a hate crime | Lacks the right to ship, transport, possess, or receive firearms (Md. Code Ann., Public Safety § 5-101) |
| Misdemeanor conviction involving a controlled substance | Lacks the right to ship, transport, possess, or receive firearms (Md. Code Ann., Public Safety § 5-101) |
To restore gun rights in Maryland, an individual must apply for a Restoration of Firearm Rights. This process involves:
• Filing a petition with the court that handled the original conviction
• Providing proof of rehabilitation (e.g., completion of counseling, community service, or other programs)
• Paying a fee (currently $35)
If the court grants the petition, the individual’s gun rights will be restored.
Conclusion
In conclusion, expungement does not automatically restore gun rights in Maryland. While expungement can help individuals with past criminal convictions regain their rights and opportunities, it is not a guarantee of regaining gun rights. To restore gun rights, an individual must apply for a separate process, the Restoration of Firearm Rights. It is essential for individuals seeking to restore their gun rights to understand the process and the requirements involved.
Takeaway Points:
- Expungement does not automatically restore gun rights in Maryland
- To restore gun rights, an individual must apply for a separate process, the Restoration of Firearm Rights
- The Restoration of Firearm Rights process involves filing a petition, providing proof of rehabilitation, and paying a fee
- Even after a successful expungement, an individual may still be prohibited from possessing or purchasing a firearm due to the underlying conviction
