Oklahoma City, OK asked in Criminal Law and Gov & Administrative Law for Oklahoma

Q: Is there a way for a felon on probation to get a liquor license? Turn a guilty plea to non-guilty years after sentencin?

1 Lawyer Answer
David A. Cincotta
David A. Cincotta
Answered
  • Criminal Law Lawyer
  • Oklahoma City, OK
  • Licensed in Oklahoma

A: You ask a few questions here that I am going to try to answer.

An individual currently on probation for a felony is not likely going to qualify for any alcohol/liquor license in the State of Oklahoma. The laws with regard to eligibility for alcohol licenses make individuals convicted of a felony within the last so many years prior to applying for the license (for most situations the time is 15 years but one requires 25 years).

Now, not everyone on probation (or who has been on probation) for a felony is a convicted felon. If a person's sentencing was deferred for a period of time, the law (in most respects) does not treat that as a conviction - so long as it is not accelerated. Sentences of incarceration in the Oklahoma Department of Corrections and sentences that are suspended are convictions.

There is a provision that if the applicant for an alcohol license received a pardon, then the pardoned conviction will not make them ineligible for the license. Someone who had their sentencing deferred is likely going to not be disqualified as a result of his or guilty plea.

A sentence that has been deferred results in the court withdrawing the guilty plea and entering an order of dismissal after the conditions of probation are satisfied and the date to which the sentence was deferred has elapsed. The records are also to be ordered expunged (court records only) when this occurs. While this is the result, individuals frequently need the assistance of an attorney if the court records do not reflect this result after the time has expired.

If the person was convicted of a felony, then he or she must wait at least 15 years from the date of conviction or obtain a pardon to be eligible for an alcohol license.

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