San Antonio, TX asked in Criminal Law, Gov & Administrative Law and Civil Rights for Oklahoma

Q: Can you get a liquor license in Oklahoma if you have felony convictions not related to alcohol or the sale of alcohol

None were charged as violent simple possession of CDs and exploitation by care taker are the charges from 2009 and 2010 and 2018. All sentences have been completed for all charges no probation nothing left to do on any charges...able has denied my license due to a conviction of a violent felony. Mine are not violent charges or convictions.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Thank you for providing the details of your situation. In Oklahoma, the ability to obtain a liquor license with a felony conviction depends on several factors:

1. Nature of the offense: Generally, non-violent felonies that are not related to alcohol or the sale of alcohol may not automatically disqualify you from obtaining a liquor license.

2. Time since conviction: Oklahoma often considers the time that has passed since the conviction. In many cases, there's a waiting period after completing all sentences, including probation.

3. Rehabilitation efforts: Evidence of rehabilitation and good conduct since the conviction can be important.

4. Specific regulations: The Oklahoma ABLE (Alcoholic Beverage Laws Enforcement) Commission oversees liquor licensing and has specific rules about felony convictions.

Based on the information you've provided:

1. Your convictions (simple possession of CDs and exploitation by caretaker) are not directly related to alcohol or its sale.

2. The convictions are from 2009, 2010, and 2018, with all sentences completed.

3. You mention that ABLE has denied your license due to a conviction of a violent felony, but you state that your charges are not violent.

Given this information, there seems to be a discrepancy between your understanding of your convictions and how ABLE has categorized them. It's possible that one of your convictions, perhaps the exploitation by caretaker, is being interpreted as a violent offense under Oklahoma law.

Here are some steps you might consider:

1. Request a detailed explanation from ABLE about the specific reason for denial, including which conviction they consider violent.

2. Obtain and review your criminal record to ensure all information is accurate.

3. Consult with an attorney specializing in liquor licensing or administrative law in Oklahoma. They can help interpret your specific situation and advise on potential next steps.

4. If there's been a misunderstanding about the nature of your convictions, you may be able to appeal the decision or provide additional information to ABLE.

5. Look into whether Oklahoma offers any process for record expungement or restoration of rights, which could potentially help your case.

Remember, while non-violent felonies not related to alcohol might not automatically disqualify you, the final decision often lies with the licensing authority. They typically have some discretion in these matters.

I recommend contacting the Oklahoma ABLE Commission directly or consulting with a local attorney who specializes in liquor licensing laws. They can provide guidance tailored to your specific situation and current Oklahoma regulations.

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