The question, then, is whether this “presumpti[on]” of validity can ever be rebutted — for instance, if a person’s felony conviction is many decades in the past, is for a not very serious felony, or both. Today’s Suarez v. Holder (M.D. Pa. Feb. 18, 2015) concludes that the presumption was indeed rebutted in this case, where the past felony conviction was in 1990, the claimant’s last misdemeanor conviction was in 1998, and the claimant has otherwise shown that he is now a law-abiding citizen (here by, among other things, having gotten a security clearance for his work with Department of Defense clients).
Read the complete article: The Volokh Conspiracy