; and (2) in subsection (d)— (A) in paragraph (1)— (i) in subparagraph (D), by striking or at the end; (ii) in subparagraph (E), by striking the period at the end and inserting , or ; and (iii) by adding at the end the following: (F) except as provided in paragraph (2)(D), such person has previously been convicted (and not subsequently exonerated) as described in subsection (b)(2)(G). ; and (B) in paragraph (2), by adding at the end the following: (D) (i) With respect to any person described in clause (II)— (I) subsection (b)(2)(G) shall not apply; and (II) the Commissioner may grant an exemption from the provisions of paragraph (1)(F) if the Commissioner determines that such exemption is in the best interest of the individual entitled to benefits. (ii) A person is described in this clause if the person— (I) is the custodial spouse of the beneficiary for whom the person applies to serve; (II) is the custodial court appointed guardian of the beneficiary for whom the person applies to serve; or (III) received a presidential or gubernatorial pardon for the relevant conviction. . (c) Amendments to title XVI Section 1631(a)(2)(B) of the Social Security Act ( 42 U.S.C. 1383(a)(2)(B) ) is amended— (1) in clause (ii)— (A) in subclause (V), by striking and at the end; (B) in subclause (VI), by striking the period and inserting , and ; and (C) by adding at the end the following: (VII) determine whether such person has been convicted (and not subsequently exonerated), under Federal or State law, of a felony provided under clause (xv), or of an attempt or a conspiracy to commit such a felony. ; (2) in clause (iii)— (A) in subclause (IV), by striking or at the end; (B) in subclause (V), by striking the period at the end and inserting , or ; and (C) by adding at the end the following: (VI) except as provided in clause (xvii), such person has previously been convicted (and not subsequently exonerated) as described in clause (ii)(VII).