Statutory Disqualification Question

While being a student at college 9 years ago, Joe was convicted of possession of marijuana (a misdemeanor in that state) and received a suspended sentence. Joe now resides in a different state where the same offense is a felony. If Joe disclosed the matter on his application to ABC Securities, Joe’s registration may

A) be denied based on this conviction because the crime is a felony in the state where he seeks registration
B) not be denied based on this conviction because it was a misdemeanor in the state where he went to college
C) not be denied based on this conviction because it was 9 years ago
D) be denied based on this conviction because it was less than 10 years ago

I chose D since it’s less than 10 years, but the answer is B. I thought felony is felony regardless which states. So do I miss something here?? Please point me to the right direction. Thanks.

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Hi @A11, the key here is that Joe was convicted of a misdemeanor.

The conviction won’t retroactively change based on him moving, so it remains a misdemeanor.

Also related - the status also won’t retroactively change even if the law changes. This is particularly relevant to possession of marijuana convictions. Some states have legalized or decriminalized marijuana, but people who were convicted prior still have that on their record, because it was against the law at that time.

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