DC: Expunged Charges Can Still Disqualify Firearm Applicants in District of Columbia MPD v. Paul Porter
In a major decision further limiting firearm eligibility in the District, the DC Court of Appeals ruled in District of Columbia Metropolitan Police Department v. Paul Porter, that a person who received a probation before judgment (PBJ) in Maryland and subsequently expunged the case, could still be considered "convicted" under District law — and therefore disqualified from registering a firearm.
This important decision strengthens the District’s strict approach to firearm regulation and serves as a warning to anyone with a prior criminal record: even if a charge was expunged or stricken by the trial court, DC may still treat it as a conviction that bars you from owning or registering a firearm.
The Background: Porter’s Attempt to Register a Firearm
Paul Porter applied twice to register a firearm with the DC Metropolitan Police Department (MPD). On both occasions, MPD denied his application after reviewing his criminal history on the grounds that he had previously been convicted of a weapons offense in Maryland. MPD denied his application despite the Maryland court striking his conviction and despite Mr. Porter expunging the case after the conviction was stricken. Mr. Porter argued that he did not have a disqualifying conviction for the following reasons:
In Maryland, Porter's charge had been stricken by the trial court when it granted him a probation before judgment disposition
Mr. Porter expunged the charge pursuant to Maryland’s expungement laws.
Under Maryland law, an expunged charge is typically treated as if it never occurred.
Porter argued that since the charge was expunged and was not a conviction under Maryland law, DC could not use it to deny his firearm registration.
Initially, the District’s Office of Administrative Hearings (OAH) sided with Porter, concluding that because Maryland did not treat the incident as a conviction, DC should not either. MPD appealed to the DC Court of Appeals — and there, the tide turned.
The Court’s Decision: An Expunged Charge Can Still Be a "Conviction" Under DC Law
The DC Court of Appeals reversed the OAH’s decision and ruled in favor of MPD, holding that:
DC Defines "Conviction" Broadly:
The Court emphasized that DC’s firearm registration laws do not defer to how other states classify or expunge offenses.
Instead, DC law asks whether, based on the underlying facts, the person was found guilty or pled guilty to an offense that meets the disqualifying criteria — regardless of how another jurisdiction later handled it.Expungement Does Not Erase the Legal Consequences in DC:
Even if Maryland expunged Porter's record, it did not change the fact that there had been a conviction at some point in time.Functional Reality Over Formal Labels:
The Court focused on the substance — not the technical label — of the prior proceeding.
If the facts showed that Porter committed a disqualifying offense, DC could treat it as a conviction for firearm regulation purposes.
Thus, Porter's firearm registration denial was upheld, and the Court reinforced the broad reach of disqualifying criteria under DC law.
Why This Case Matters
The Court's ruling in Porter has serious consequences for anyone with a prior criminal record — even if that record has been expunged elsewhere:
1. Expungements May Not Protect Your Gun Rights in DC
Many people assume that once a record is expunged, it cannot be used against them for any purpose.
Porter shows this assumption is dangerous — especially when it comes to firearm rights in Washington, DC.
DC courts will look beyond the expungement and evaluate the original facts.
2. State Law and DC Law May Treat the Same Offense Very Differently
An incident that is not considered a "conviction" in Maryland, Virginia, or elsewhere might still be considered a conviction under DC’s strict gun laws.
Each jurisdiction defines "conviction" differently, and DC applies its own definitions when regulating firearms.
3. DC's Firearm Registration System Is Extremely Strict
This case reaffirms that DC is among the strictest jurisdictions in the nation when it comes to who may legally register a firearm. Even technical or old criminal records can have lasting consequences on someone’s ability to possess a firearm in DC.
Key Lessons from District of Columbia MPD v. Porter
Expunged or dismissed charges can still hurt you in DC firearm registration proceedings.
DC courts focus on the facts of what happened — not just the labels used by other states.
If you have any criminal history, even an expunged one, you must proceed very carefully when seeking to register a firearm in DC.
How Our Firm Can Help
At MEL Legal we have extensive experience helping individuals:
Navigate firearm registration in DC;
Challenge wrongful denials;
Understand the hidden risks from expunged, sealed, or out-of-state criminal records;
Protect their rights in complex administrative and court proceedings.
If you have been denied a firearm registration — or you have any kind of prior criminal history and are unsure whether you are eligible — it is critical to speak with a qualified attorney before taking further steps.
Our team can help you understand your risks and options, and fight for your rights when agencies overreach.
Contact MEL Legal for a Confidential Consultation
Denied a firearm registration?
Concerned about the impact of an old criminal case?
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Conclusion
In District of Columbia MPD v. Paul Porter, the DC Court of Appeals sent a strong message: when it comes to gun rights, expungements and favorable outcomes in other states may not be enough to protect you under DC law.
Before applying for a firearm registration — or challenging a denial — make sure you fully understand how the District will view your record.
If you have questions or need help, contact our experienced team today.