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Appointment & Qualifications

An applicant with a prior crime conviction may be appointed only if:

A

The county clerk gives written consent.

B

The Secretary of State makes the required statutory finding that the conviction is not a bar.

C

The applicant has already held a notary commission once before.

D

The conviction occurred outside New York.

Correct Answer

B. The Secretary of State makes the required statutory finding that the conviction is not a bar.

AI Explanation

Conviction does not create an automatic yes-or-no answer. Executive Law §130 states that no person convicted of a crime in New York or elsewhere shall be appointed unless the Secretary makes the required statutory finding, including consideration of Correction Law Article 23-A, that the conviction does not bar appointment. In contrast, prior commission status or out-of-state location of the conviction does not by itself solve the issue.

Appointment & Qualifications Question #147
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