Q: PWID felony was modified to pbj 3 years later. 3 years have passed since then. Does pbj affect firearms rights
I have expungement petition in but wanted to know pbj effects on firearms in md
A: Yes, a PBJ for this charge will still disqualify you. Once you get your record expunged, you should be eligible but I have heard reports of a few people still having issues.
A: A background check for a gun purchase will show a PBJ disposition that has not yet been expunged, and a PBJ is still deemed a conviction under federal law (which governs your right to own a gun). However, the PBJ disposition and all other record of the offense will be removed from the nationwide database used for the background check once your petition for expungement is granted and the process completed (about 60-90 days or so from the date the court’s order granting expungement is issued). You should receive a confirmation from Maryland’s CJIS office certifying that they have complied with the expungement order. That is the agency that deletes the offense from the database used for background checks. You should receive certification of compliance from other offices that have records related to the case (the clerk’s office at the court, the police department involved in the arrest, the department of parole and probation, etc.), but it’s the CJIS office you are looking for to know your record is really clear.
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