How to Expunge Your Record to Qualify for a Maryland Handgun Qualification License (HQL)

Introduction

If you have a criminal record in Maryland that’s preventing you from obtaining a Handgun Qualification License (HQL), expungement may be your path forward. This comprehensive guide walks you through the entire expungement process specifically for those seeking to qualify for an HQL in Maryland.

Maryland law requires residents to possess a valid Handgun Qualification License before purchasing, renting, or receiving a handgun. However, certain criminal records can disqualify you from obtaining this license. Understanding the expungement process is crucial for restoring your firearm rights.

Understanding Maryland Expungement Eligibility

Before beginning the expungement process, you need to determine if your record is eligible for expungement. Not all criminal records can be expunged in Maryland.

Records Eligible for Expungement

The following dispositions may be eligible for expungement:

1. Acquittal (found not guilty)
2. Dismissal of charges
3. Probation Before Judgment (PBJ) (except for certain offenses)
4. Nolle Prosequi (charges dropped by prosecutor)
5. Stet (case indefinitely postponed)
6. Not Criminally Responsible finding
7. Certain guilty dispositions (after waiting periods)

Records NOT Eligible for Expungement

You are NOT eligible if:

• You have pending criminal charges
• The charge was part of a unit where other charges resulted in a conviction (unless all charges in the unit are eligible)
• You are currently serving a sentence for another crime
• The conviction is not eligible under Maryland law

Waiting Periods for Expungement

The waiting period before you can file for expungement depends on the disposition of your case:

• Acquittal, Dismissal, Not Guilty, Nolle Prosequi:
• Filed on or after October 1, 2021: Automatically expunged after 3 years (can request earlier)
• Filed before October 1, 2021: Can file immediately
• Probation Before Judgment (PBJ):
• General rule: Must wait 3 years after probation completion
• DUI/DWI offenses: Not eligible for expungement
• Stet: Must wait 3 years after the case was marked stet
• Guilty Dispositions:
• Misdemeanors: Waiting periods vary from 3-15 years depending on the offense
• Certain non-violent felonies: 15 years after completion of sentence
• Second-degree assault: 10 years after completion of sentence
• Common law battery: 15 years after completion of sentence

Step-by-Step Expungement Process for HQL Qualification

Step 1: Obtain Your Criminal Record

Before filing for expungement, you need to know exactly what’s on your record.

1. Request your Criminal History Record from the Maryland Criminal Justice Information System (CJIS)

• Visit: Maryland CJIS Central Repository at 6776 Reisterstown Road, Suite 102, Baltimore, MD 21215
• Provide fingerprints (fee applies)
• Or request online at www.dpscs.state.md.us

1. Obtain Certified Copies of Court Records

• Visit the courthouse where your case was handled
• Request certified copies of all case documents
• Note the case number, date of arrest, and disposition for each charge

Step 2: Determine the Correct Expungement Form

Maryland uses different expungement petition forms based on your case disposition:

1. Form CC-DC-CR-072A: For cases with dispositions of acquittal, dismissal, PBJ, nolle prosequi, stet, or not criminally responsible

• No filing fee required

1. Form CC-DC-CR-072B: For eligible guilty dispositions (non-marijuana related)

• $30 filing fee per case (can be waived if indigent)

1. Form CC-DC-CR-072C: For acquittal, dismissal, not guilty, or nolle prosequi dispositions entered on or after October 1, 2021 (when requesting expungement earlier than the automatic 3-year period)

• No filing fee required

1. Form CC-DC-CR-072D: For marijuana/cannabis-related guilty dispositions

• $30 filing fee per case (can be waived if indigent)

Step 3: Complete the Appropriate Expungement Petition

Let’s focus on completing Form CC-DC-CR-072A (the most common form for non-conviction records):

1. Fill in the Court Information:

• Select the court where your case was heard (District or Circuit)
• Enter the city or county

1. Enter Case Information:

• Case number
• Date of arrest, citation, or summons
• Law enforcement agency
• Statement of charges

1. List All Charges you want expunged:

• Include each charge number
• Exact wording of the charge
• Disposition of each charge

1. Provide Your Information:

• Full name
• Address
• Date of birth
• Sex
• Last 4 digits of Social Security number

1. Sign and Date the petition

• Your signature must be notarized for some forms

Step 4: File the Petition

1. Submit the Petition to the court where your case was handled:

• File in person at the court clerk’s office
• Include all required copies (original plus additional copies)
• Pay filing fee if applicable ($30 for guilty dispositions)
• Keep a copy for your records

1. Request a Fee Waiver if needed:

• Complete Form CC-DC-089 (Request for Waiver of Prepaid Costs)
• Provide financial information to demonstrate inability to pay

Step 5: Serve the Petition

After filing, you must serve copies of your petition on:

1. The State’s Attorney’s Office in the county where you filed

• Deliver in person or by certified mail
• Keep proof of service

1. The Law Enforcement Agency that arrested you

• Deliver in person or by certified mail
• Keep proof of service

Step 6: Wait for Responses

After service, the State’s Attorney and law enforcement agencies have 30 days to file objections:

1. If No Objection is Filed:

• The court will grant the expungement without a hearing
• Skip to Step 8

1. If an Objection is Filed:

• The court will schedule a hearing
• Proceed to Step 7

Step 7: Attend the Hearing (If Required)

If a hearing is scheduled:

1. Prepare Your Case:

• Gather all supporting documents
• Consider consulting an attorney
• Prepare to explain why expungement should be granted

1. Attend the Hearing:

• Arrive early
• Dress professionally
• Present your case clearly and respectfully
• Answer any questions from the judge

1. Receive the Judge’s Decision:

• The judge may rule immediately or take the matter under advisement
• If granted, proceed to Step 8
• If denied, consult with an attorney about possible appeals

Step 8: Receive the Order for Expungement

If your expungement is granted:

1. The Court Will Issue an Order for Expungement

• This will be sent to all relevant agencies

1. Agencies Have 60 Days to Comply

• They must remove your records from public access
• They must send a Certificate of Compliance to the court

1. You Will Receive a Certificate of Compliance

• Keep this document permanently
• This is proof your record has been expunged

Step 9: Verify the Expungement

After receiving all Certificates of Compliance:

1. Check Your Criminal Record again after 90 days

• Request a new copy of your criminal history
• Verify the expunged charges no longer appear

1. If Records Still Appear:

• Contact the court clerk
• Provide copies of your expungement order and Certificates of Compliance
• Request immediate compliance

Applying for a Maryland HQL After Expungement

Once your record is successfully expunged, you can apply for your Maryland Handgun Qualification License:

Step 1: Complete the HQL Prerequisites

1. Submit Livescan Fingerprints

• Visit an authorized fingerprinting provider
• Request fingerprinting for an HQL application
• Keep the receipt (required for application)
• Fingerprints are valid for 12 months

1. Complete the Required Firearms Safety Training

• Must be taught by a Qualified Handgun Instructor
• Minimum 4 hours of instruction
• Must include live-fire component
• Training certificate valid for 3 years

Step 2: Apply for the HQL Online

1. Create an Account on the Maryland State Police Licensing Portal

• Visit: https://mdsp.maryland.gov/
• Click on “Licensing Division” then “Firearms” then “Handgun Qualification License”
• Create a user account with a valid email address

1. Complete the Application:

• Enter all required personal information
• Upload a copy of your Livescan fingerprint receipt
• Upload your firearms safety training certificate
• Answer all questions truthfully (including about expunged records)

1. Pay the Application Fee:

• $50 for new applications
• Payment by credit card

Step 3: Background Check and Processing

1. Maryland State Police Will Conduct a Background Check

• This includes criminal history review
• Your expunged records should not appear or affect this check

1. Application Processing:

• Processing typically takes 30 days
• You can check status online through your account

1. Receive Your HQL:

• If approved, your HQL will be emailed to you
• Print and keep this license
• Valid for 10 years from date of issue

Special Considerations for Expungement and HQL

Pardons

If your offense is not eligible for expungement, you may need to seek a pardon:

1. Apply for a Pardon from the Governor

• Visit: https://www.dpscs.state.md.us/parole-and-probation/pardons.shtml
• Complete the pardon application
• Waiting periods apply (15-20 years for violent crimes, 7-10 years for non-violent)

1. After Receiving a Pardon:

• You may then be eligible to apply for expungement
• Follow the expungement process outlined above

Out-of-State Convictions

If you have criminal records from other states:

1. You Must Expunge Each Record in the State Where it Occurred

• Each state has different expungement laws and procedures
• Contact the court in that state for information

1. Federal Convictions:

• Federal convictions have a separate expungement process
• Many federal convictions cannot be expunged
• Consult a federal attorney for guidance

Legal Assistance

Consider seeking legal help for complex cases:

1. Maryland Legal Aid:

• Free legal services for low-income individuals
• Visit: https://www.mdlab.org/

1. Maryland Volunteer Lawyers Service:

• Pro bono (free) legal assistance
• Visit: https://mvlslaw.org/

1. Private Attorneys:

• Many offer free consultations
• Fees vary but may be worth the investment for complex cases

Conclusion

Expunging your record to qualify for a Maryland HQL requires patience and attention to detail. The process typically takes 90-120 days from filing to completion, assuming no objections or complications.

Remember that expungement removes your record from public view, but certain government agencies may still have access to expunged records under specific circumstances. However, for HQL purposes, an expunged record should not prevent you from qualifying, assuming you meet all other requirements.

By following this guide and completing each step carefully, you can navigate the expungement process successfully and move forward with your Maryland HQL application.

Disclaimer

This guide is for informational purposes only and does not constitute legal advice. Laws regarding expungement and firearms qualification may change. Always consult with a qualified attorney for advice specific to your situation.

Last Updated: July 2025