Question about governor's pardon in MD

[jpsimms]

A relative of mine was convicted of a non-violent felony in Maryland in the early '70's, served some time, was released and given a full governor's pardon.
He had allways been into hunting up untill then, but had to give it up due to his felon status. He completely reformed his life (that was his last offense), but still doesn't pass a background check. I thought that a pardon meant that in the eyes of the law it didn't happen; am I mistaken?

Are there any possible ways for him to get this finally resolved? or is it once a felon, allways a felon?

I know that this not where to get "legal advise", but if anyone had been through it, or had a link or any help, I would much appreciate it

Thanks

 

[Sunray]

Tell him to talk to a lawyer.

 

[Novus Collectus]

As I understand it, in MD a pardon does not wipe the record clean, but it does allow for the record to be expunged under most conditions.
Some pardons (not sure about MD specifically) can remove the conviction, but not fully restore rights. In that case I do not think it is expungeable, but this does not sound like this applies to your friend.

I will look for some links for you. I know they exist because I read them just a few months ago.

 

[Novus Collectus]

Q1. What is a pardon?

"Pardon" means an act of clemency in which the Governor, by order, absolves the grantee from the guilt of the grantee's criminal acts and exempts the grantee from any penalties imposed by law for those criminal acts.

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Q2. What is a conditional pardon?

"Conditional pardon" means a pardon that is dependent on compliance with conditions precedent or subsequent that the Governor specifies in the written order granting the pardon.

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Q3. What is a partial pardon?

"Partial pardon" means a pardon that has been limited by the terms of the order granting the pardon to be of less effect than a full pardon.

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Q12. If I am granted a pardon, will the record of my criminal conviction be expunged (erased)?

The granting of a pardon for an individual's criminal conviction does not automatically expunge or erase the record of the conviction. The granting of a pardon results in an entry in police records and court records that a pardon has been granted. Article 27, Section 737(f) (the Crimes and Punishments Article) states that: "A petition for expungement based on a full and unconditional pardon by the Governor for a conviction for only one criminal act which is not a crime of violence may not be filed earlier than 5 years nor later than 10 years after the pardon was signed by the Governor." A petition for expungement is to be filed with the court where the conviction occurred and not with the Parole Commission.

http://www.dpscs.state.md.us/aboutdpscs/FAQmpc.shtml#answ50

 

[jpsimms]

Thank you guys, I will forward this info to him, and have him talk to a laywer and possibly the DA where this happened. thanks for the links Novus