Legal Question in Business Law in California

abc license in CA

my husbad is applying for a 41 abc license for a restraunt in the state of CA with a partner. ABC wants the owners and spouse to take a live scan and fingerprint as part of the application because it is a community property state.

I had a felony theft conviction 20 years ago for a stupid mistake and hanging around the wrong people, that was suspended and expundged. how will this affect the application or live scan


Asked on 8/12/08, 3:59 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: abc license in CA

You have to disclose the conviction despite the fact that it was "expunged" - a rather meaningless term - I suppose under Penal Code section 1203.4.

The ABC Board then has discretion to grant or deny the license, based on its determination as to whether the facts surrounding your offense and conviction show that you are an unsuitable licensee or that granting the license would tend to put the public in jeopardy.

I do not know the Board's policies and therefore I cannot speculate on whether it will grant or deny the license, but it is quite clear from California case law that expungement is not sufficient to take away the duty to disclose the conviction on the license application, nor to strip the Board of the power to deny or revoke licenses.

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Answered on 8/12/08, 6:47 pm


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