So, the answer to that question is yes, but you guessed right – it’s complicated. Let’s try to clear up this issue so that it is a bit easier to understand. Maryland law forbids anyone who has been convicted of a felony from possessing a firearm. But, you might be able to get your right to own a gun restored through a pardon.
A pardon doesn’t remove a criminal conviction from a person’s criminal record. To remove a conviction completely, you need an expungement. However, for some, a successful pardon can restore your right to possess a firearm.
How can I get a pardon in Maryland?
To be eligible for a pardon, you would have to complete any parole or probation and then you must have spent a reasonable length of time in the community after you completed your sentence without getting into trouble with the law. The Parole Commission rules say that a person who has a felony conviction must have 10 crime-free years (seven with a Parole Commission waiver); if you were convicted of a misdemeanor you must have five crime-free years.
If the felony conviction was for a violent crime, or controlled substance violation, the crime-free waiting period is 20 years (15 if a waiver is granted). These guidelines are only for those convicted under Maryland law.
But this is only for felony convictions.
What about misdemeanor convictions?
The answer is also “yes,” but it’s a bit easier. If you were convicted of a misdemeanor, and you don’t have any subsequent convictions and if court thinks you don’t pose a threat, you could have your record expunged. Under the Justice Reinvestment Act, there are 100 different misdemeanors that you can have expunged as long as you’ve been crime-free for 10 years. There are drug crimes, certain types of theft, regulatory offenses – oh, and domestic violence and second-degree assault.
Wait – what?
Yup. Second-degree assault and domestic violence crimes are on the list (though they’re both subject to be expanded to 15 years of no-crime living, as opposed to 10). The link above will bring you to the Maryland assembly, but you can read the Act in full here.
What does it mean to have a record expunged?
Here’s the thing about expungement: an expunged record can only be opened by a court order, and it’s destroyed after three years. No record means no reason to deny you the right to carry, and so if you haven’t been convicted of a felony, then yes – you can get your right to carry back. There are some exceptions to the rule, though, so make sure you tell me everything when we meet to discuss your options. If you’re eligible for an expungement, I can help you.
Whether you’re seeking a pardon or you want to have the record of your old life expunged, you need the right Annapolis criminal defense lawyer to help you. You are welcome to call my office, Drew Cochran, Attorney at Law at 410-271-1892 or you can fill out a contact form to schedule a consultation today. And just remember that if you’re in need of help: Keep Calm – and Call Drew.
