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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85760
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was arrested for theft in 1983, CJIS code 3-2399, which I

Resolved Question:

I was arrested for theft in 1983, CJIS code 3-2399, which I believe is theft under 300.00. I was given A PBJ and recently have been granted an expungement. After the expungement is complete will my rights be restored or do I have to petition the courts to have my fire arms disability restored.
Submitted: 4 months ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

In MD theft under $1000 is a misdemeanor and not a felony, so were you convicted of a felony for something?
Customer: replied 4 months ago.
I don't know exactly if it was a a misdomenor or a felony, it was 28 years ago and I do not have the records and finding them is tough. I did have an FBI background check done but all it shows is that I was arrested, paid restitution, community service and did 24 months of supervised probation. It also says PBJ. I now live in Pa and a few years back I had a friend run a check to see if I could purchase a gun and was denied. Most of what I read says that a pbj is not a conviction and theft is not a disqualifier due to it not being a crime of violence. I am looking to purchase since I had an attempted break in. Also should I be getting letter from the court stating the expungement was granted and if rights
We're restored as part of it?
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your response.

An expungement does not restore any gun rights. However, the PBJ was also not a conviction in Maryland, under federal law, probation before judgment is treated as a criminal conviction. Thus, in order for you to have been denied your gun purchase your charge must have been a felony theft and not a misdemeanor and if that is the case then you need to apply now for a pardon with restoration of gun rights through the Maryland Board of Pardon and Parole.





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This is NOT the practice of law nor is it legal advice to you, it is merely educational information for you to use to seek out a licensed attorney in your state to get actual legal advice from them. Please use sites such as http://www.martindale.com or http://www.lexmundi.com or http://www.hg.org to find a local attorney to get actual legal advice in all matters.
Customer: replied 4 months ago.
Should I wait until all the expungement documents are received before I file for the pardon? Or should I just go ahead and get the paperwork started. I thought I read somewhere that if the state resorted your rights that the Feds would honor that.
Expert:  Law Educator, Esq. replied 4 months ago.
You should go ahead to apply for the pardon now.

It is correct if the state restores your firearm rights then they are restored, but the problem is that the feds also treats the PBJ as a conviction. Before you go through the pardon, it is cheaper and easier if you find out from your records when you get them (remember we cannot see your records which need to be reviewed by a local attorney) to apply to court in MD for restoration of those rights based on the expungement and the PBJ. If those rights are restored by court, then you do not need the pardon, you have to just file certified copies of the PBJ, Expungement and Restoration of Rights with the FBI Firearms Approval Unit and they will make the decision about removing the record so you can purchase a firearm.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 85760
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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