If a criminal case is filed in a state or country that does not classify offenses as felonies or misdemeanors, is disclosure still required?
The matter should be reported as a felony or misdemeanor based upon the potential sentence. If the matter could result in a sentence of imprisonment for more than one year, it would be equivalent to a felony and should be disclosed under Form 7-R or Form 8-R, Question A, Disciplinary Information-Criminal Disclosures. If the matter could result in a sentence of imprisonment for any period of at least six days but not more than one year, it would be equivalent to a misdemeanor. For example, if the maximum sentence is imprisonment for thirty days, the offense would be a misdemeanor. Specified misdemeanor charges to which you pleaded guilty or of which you were found guilty or convicted, should be disclosed under Form 7-R or Form 8-R, Question B, Disciplinary Information-Criminal Disclosures.
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