A New York applicant in 2026 has a 2002 felony conviction for a breach of trust. Does the age of this breach-of-trust felony remove the licensing bar?
Correct Answer
A) Disqualifying at any time, subject to the pardon discretion
A felony at any time preceding the date of application is disqualifying if it involved an act of fraud, dishonesty, or a breach of trust, or money laundering, provided that the superintendent may in his or her discretion disregard a conviction where the felon has been pardoned. Other choices: the seven-year window is only the first limb; no outer limit applies to the second; and serving the sentence does not clear it. Source: N.Y. Banking Law § 599-e(1)(b)(ii)
Why This Is the Correct Answer
A felony at any time preceding the date of application is disqualifying if it involved an act of fraud, dishonesty, or a breach of trust, or money laundering, provided that the superintendent may in his or her discretion disregard a conviction where the felon has been pardoned. Other choices: the seven-year window is only the first limb; no outer limit applies to the second; and serving the sentence does not clear it. Source: N.Y. Banking Law § 599-e(1)(b)(ii)
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