If you have been convicted of a crime in the state of Maryland, you may have questions about whether you will ever again be able to own a firearm. Many individuals with criminal records assume their gun rights are permanently revoked. However, there are exceptions and legal pathways that can help restore these rights under the right circumstances.
While restoring gun rights isn’t possible in every case, it’s worth exploring if you’re facing the consequences of a criminal conviction. Let’s examine the options available to Maryland residents seeking to regain their firearm rights and explore some effective strategies for navigating this complex process.
Maryland’s gun laws: the basics
The long and short of it is this: In Maryland, anyone convicted of a felony is prohibited from possessing a firearm.
More specifically, Maryland law states that an individual may not “possess, own, carry, or transport a firearm” if that individual has been convicted of:
- A felony within the State of Maryland
- A crime in another state that would be considered a felony by the State of Maryland
- Conspiracy to commit a felony
- Attempting to commit a felony
While these restrictions may seem ironclad, there are specific avenues available for individuals seeking to restore their gun rights after such convictions. The two primary options in these cases are expungement and pardoning.
What is expungement?
Expungement essentially refers to the process of having information about a criminal conviction removed from court and law enforcement records. The state sets forth very specific guidelines with respect to which kinds of cases can be expunged and the amount of time that must pass post-conviction before a defendant is deemed eligible for expungement.
For example, nuisance crimes like public urination may be expunged from a person’s record after 3 years, while certain DUI charges cannot be expunged before 15 years have passed. The state also mandates that an individual’s criminal record can only be expunged if all charges tied to the case are considered eligible for expungement.
The state of Maryland sets a high bar for expungement, and each of these cases must be carefully reviewed by the State’s Attorney’s Office. Generally, this process takes approximately 90 days to complete: 30 days for the State’s Attorney’s Office to review the case and an additional 60 days to finalize the process once approved. If an expungement is successful, any and all records of the prior conviction will be removed from public access, thus eliminating the basis for a refusal of gun rights, assuming all other purchase and ownership requirements are met.
How do pardons work in Maryland?
Another avenue for restoring gun rights in the state of Maryland is to pursue a pardon. A pardon works a bit differently than an expungement in that pardons are issued at the sole discretion of the Governor. The Governor has the option to either issue a pardon unconditionally on his or her own accord or to refer a case for review by the Maryland Parole Commission.
To even begin the process of seeking a pardon, an individual must meet a few specific requirements:
- They must have completed any parole or probation imposed upon them as the result of their conviction
- They must have spent a reasonable amount of time living in the community without further legal trouble after their sentence was carried out
As to the second criterion outlined above, Maryland law says that individuals convicted of a felony must remain crime-free for 10 years after their sentence, though this period may be reduced to 7 years if the Parole Commission grants a waiver. Those convicted of misdemeanor crimes must remain crime-free for 5 years before pursuing a pardon, and anyone convicted of a violent crime or crime involving controlled substances is subject to a waiting period of 20 years (or 15 with a waiver).
It is important to understand that just because an individual is granted a pardon does not mean that their gun rights will be restored automatically. In order to have your firearms rights restored, you must secure a specific, separate pardon document verifying the restoration of your gun rights.
Are gun rights impacted by misdemeanor convictions?
While firearm rights are most commonly revoked as the result of a felony conviction, there are situations in which misdemeanor convictions could result in the loss of gun rights. Specifically, any individual convicted of a violent crime or other offense carrying a penalty of over 2 years’ imprisonment is no longer permitted to own or purchase guns. However, the same avenues discussed for individuals with felony convictions are available to individuals seeking gun rights restoration after a misdemeanor offense.
Under Maryland’s Justice Reinvestment Act, there are over 100 misdemeanors eligible for expungement, including certain theft offenses, drug crimes and regulatory violations. Under this act, certain second-degree assault and domestic violence offenses may also be eligible for expungement, given all other criteria are fully met.
As is the case for expungement following a felony, the state expects individuals seeking expungement to remain crime-free for an agreed-upon period. For most misdemeanors, there is a 10-year waiting period required for expungement, though certain charges – like the aforementioned assault and domestic violence charges – require extended waiting periods of up to 15 years.
Keep in mind that in order to have a misdemeanor charge expunged from your record, you must not have any other related charges that are not eligible for expungement. This means that if you were convicted on multiple charges related to the same crime, all of those charges must meet the outlined criteria in order to have any of them expunged.
If you have been convicted on misdemeanor charges, you are also entitled to seek a formal pardon from the governor, as long as you have remained crime-free for a period of 5 years. When reviewing an application for a pardon, the Maryland Parole Commission will also consider factors like your sentencing, rehabilitation efforts and your reasons for requesting a pardon in order to determine whether granting a pardon would be in the state’s best interest.
Ready to restore your gun rights? Let’s talk next steps.
Whether you’re pursuing a pardon or looking to expunge an old record in order to restore your firearm rights, having the right legal support can make all the difference. I make it a point to stay available, accessible and approachable while working with clients of all backgrounds to pursue the best possible legal outcome for their case.
If you are dealing with the aftermath of a felony or misdemeanor conviction, and you’re ready to take the first step towards restoring your gun rights, call Drew Cochran, Attorney at Law or fill out a contact form to schedule a consultation today.
And remember: Keep Calm and Call Drew.
[