Rebuttable presumption against appointment

Rebuttable presumption against appointment. A. Any person who has been convicted of any felony offense or any misdemeanor offense involving fraud, dishonesty, or deceit within ten (10) years preceding the date of application for appointment is presumed ineligible for appointment as a notary public. B. The presumption of ineligibility for appointment may be rebutted in extraordinary circumstances by a showing of clear and convincing evidence of the applicant's full rehabilitation. It is the intent of this provision that overcoming this presumption will occur only infrequently and in truly exceptional circumstances. C. There is no presumption of ineligibility for conviction of a felony or an offense involving fraud, dishonesty or deceit more than ten (10) years preceding the date of application for appointment, but the conviction and related facts may be considered in determining whether the applicant has the requisite honesty, integrity, competence, or reliability to act as a notary public. D. The ten (10) year period will be measured from the date of the conviction, rather than the date of the act which constituted the offense. E. For the purposes of this subchapter, ''conviction'' and ''convicted of'' include a conviction after a bench or jury trial, a guilty plea, a plea of nolo contendere, or a finding of not guilty due to insanity or of guilty but mentally ill.