A Georgia applicant was convicted of a qualifying felony in 2014 and later received a restoration of rights from the state. Does restoration of rights remove the stated qualifying-felony licensing bar?
Correct Answer
D) Still not approvable: a restoration of rights does not cure the bar
An applicant is not approvable where there was a guilty plea, a finding of guilt, or a first offender or nolo plea for a qualifying felony, and the rule states that an applicant is not approvable for licensure or reinstatement where a restoration of rights was subsequently issued by a state or federal pardoning authority. Other choices: the restoration is expressly addressed and does not help; no 10-year run cures it; and a nolo plea is one of the pleas that triggers the bar. Source: Ga. Comp. R. & Regs. 80-11-5-.01(5)
Why This Is the Correct Answer
An applicant is not approvable where there was a guilty plea, a finding of guilt, or a first offender or nolo plea for a qualifying felony, and the rule states that an applicant is not approvable for licensure or reinstatement where a restoration of rights was subsequently issued by a state or federal pardoning authority. Other choices: the restoration is expressly addressed and does not help; no 10-year run cures it; and a nolo plea is one of the pleas that triggers the bar. Source: Ga. Comp. R. & Regs. 80-11-5-.01(5)
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