12 C.F.R. § 303.223

Current through May 31, 2024
Section 303.223 - What constitutes a conviction under section 19?
(a)Convictions requiring an application. There must be a conviction of record. Section 19 does not cover arrests or pending cases not brought to trial, unless the person has a program entry as set out in § 303.224 . Section 19 does not cover acquittals or any conviction that has been reversed on appeal, unless the reversal was for the purpose of re-sentencing. A conviction with regard to which an appeal is pending requires an application. A conviction for which a pardon has been granted will require an application.
(b)Convictions not requiring an application. When an individual is charged with a covered offense and, in the absence of a program entry as set out in § 303.224 , is subsequently convicted of an offense that is not a covered offense, the conviction is not subject to section 19.
(c)Expungements. If an order of expungement or an order to seal has been issued in regard to a conviction, or if a record has been otherwise expunged by operation of law, then the conviction shall not be considered a conviction of record and shall not require an application.
(d)Youthful offenders. An adjudication by a court against a person as a "youthful offender" under any youth-offender law applicable to minors as defined by state law, or any judgment as a "juvenile delinquent" by any court having jurisdiction over minors as defined by state law, does not require an application. Such an adjudication does not constitute a matter covered under section 19 and is not a conviction or program entry for determining the applicability of § 303.227 .

12 C.F.R. §303.223

85 FR 51339, 9/21/2020