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An applicant pleaded guilty to felony grand theft 9 years ago and to a felony assault 5 years ago. Assuming neither conviction has been pardoned or otherwise legally set aside, how do the SAFE Act felony restrictions apply?

Correct Answer

D) Barred by both: theft bars for life and the assault falls inside 7 years

A felony involving fraud, dishonesty, breach of trust or money laundering bars permanently, and any other felony bars during the 7 years before application, so grand theft and a 5-year-old assault each stand in the way. Other choices: the 7-year window does not reach the theft because theft is the permanent kind; the assault is also a bar; and 3 years is not a period the SAFE Act uses. Source: 12 USC 5104(b)(2)

Answer Options
A
Barred by the theft only, a violent offense falling outside the test
B
Not barred, because both convictions are more than 3 years old now
C
Barred by the assault only, the theft being well outside the 7-year window
D
Barred by both: theft bars for life and the assault falls inside 7 years

Why This Is the Correct Answer

A felony involving fraud, dishonesty, breach of trust or money laundering bars permanently, and any other felony bars during the 7 years before application, so grand theft and a 5-year-old assault each stand in the way. Other choices: the 7-year window does not reach the theft because theft is the permanent kind; the assault is also a bar; and 3 years is not a period the SAFE Act uses. Source: 12 USC 5104(b)(2)

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