Q: I'm trying to see if I can get an expungement for statute code 27.342 felony charge. this was 30 plus years ago
I have some charges I'm wanting to get expunges for and also will these expungements allow me to own a firearms?
A: You may be able to get the theft charge expunged. It depends on whether you have subsequent criminal charges that cannot be expunged. You should speak with a lawyer.
Mark Oakley agrees with this answer
A: Yes. Effective October 1, 2018, Maryland amended its expungement statute to cover felony theft. However, the following preconditions apply: 15 years must have passed since the date of sentencing or completion of any sentence of jail, probation or parole (whichever is latest); AND you cannot have been convicted of any other Maryland offense after the sentencing date of the felony theft UNLESS that offense is also eligible for expungement. So, assuming that this is the case in your situation, you are eligible for expungement. Once you clear this conviction (it takes about 90-180 days depending on the jurisdiction in Maryland where the conviction took place--with Prince George's County being one of the longest to process the petition once filed), then the federal statutory ban on convicted felons possessing or owning guns is removed as well. The federal ban is tied to the state law where the felony conviction occurred: if you are eligible to possess or own a gun under the law of the state where the conviction happened--which you will be in Maryland upon expungement--then the federal ban falls off as well. Consult a Maryland lawyer to get this petition filed.
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