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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3029
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I had a DUI in Carroll County MD in 1987. Disposition of case

Customer Question

I had a DUI in Carroll County MD in 1987. Disposition of case was PBJ. I searched MD court records online and cannot find any record of the case. I have little recollection of the facts, but a bench warrant was issued by MD state police. Obviously I appeared and the warrant should have been terminated.
Apparently it wasn't. 29 years later I've applied for a concealed carry license in GA. Application was denied due the the fact that there is an outstanding bench warrant from 1987. Further explanation is required. How can I get information to show 1) what the charge was, 2) what the disposition of the case was and 3) that the bench warrant should have been quieted because I did, in fact appear, but my lawyer at the time missed it.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 6 months ago.
Good afternoon: My name is ***** ***** I would be happy to provide general information regarding your question. Oftentimes, cases that are very old will not be reflected online as the clerk's office usually has a dated time frame in which to transfer information from the hard court file to their online database. The fact that your case is so old makes it likely that this is indeed why you cannot find your information online. In cases like that, the easiest way to obtain the information is by actually visiting (as opposed to contacting by phone) the clerk's office of the county in which the matter was heard. Providing simple information like name and date of birth will allow the clerk's office to locate their actual court file. Before proceeding to your next questions regarding the warrant, let me pause here and ask if you have any follow up questions on what I have provided thus far?
Customer: replied 6 months ago.
No. I don't. I don't live in MD now, so going to visit the court clerk in MD isn't practical. I'm trying to accomplish something withou spending more than the $100 application fee for background check I already paid to GA. Thought their search would have been thorough enough to avoid this problem.
Expert:  Legal-Kal replied 6 months ago.
That will be an issue for you if 1) there is indeed a warrant for your arrest and 2) you wish to have the warrant quashed and recalled. This is because after the court file is located, the case must be brought before the Court as the Court is the only one with authority to quash a warrant.
Expert:  Legal-Kal replied 6 months ago.
While you certainty do not have to appear in person for this, the only way around this is to retain an attorney who can a) locate the court file; b) bring it back before the Court and c) request that the warrant be removed. But, as you can imagine, there would be fees associated with retaining an attorney to provide such services.
Customer: replied 6 months ago.
Thanks, I'll pass. Think I'll engage a lawyer in GA. Thanks.

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