A liquor license can be very challenging to obtain, and there are a number of things that can hurt your chances of being approved for one by the local liquor bureau. One of the things that may lead to a denial is a criminal record. Here's more information about this issue, and what you can do to overcome it.
A Criminal Record Does Not Equal an Automatic Rejection
Almost all liquor bureaus do criminal background checks on applicants. However, the presence of a criminal conviction will not automatically bar someone from being approved for a license. The bureau will typically take several factors into consideration when deciding whether an applicant is eligible for a license. These factors include:
- The nature of crime
- The number of convictions
- How long ago the crime occurred
- Whether it was a misdemeanor or a felony
- Whether the person is currently under federal or state supervision (e.g., parole)
- Whether the person disclosed the conviction or tried to hide it
- Any drug or alcohol treatment the person completed
In many cases, the nature of the crime will play a big factor in the bureau's decision to award you a liquor license, and many states will decline your application if the conviction was alcohol related. For instance, you could be barred from getting a liquor license in Wisconsin if the convicted of selling alcohol without a license. Oregon looks at DUIs, drug, and felony convictions when assessing license candidates.
However, other factors can help or hurt your case. You may be approved for a license if you only have one offense that occurred five or ten years prior. On the other hand, you may be denied a license if you were convicted of multiple offenses or those convictions occurred recently. In Milwaukee, for instance, you can't get certain licenses if you have been convicted two or more times in the previous three years for selling alcohol to minors or serving intoxicated patrons.
Each state is different, so it's best to consult the specific laws in your jurisdiction to determine whether you would be eligible or not.
You Can Get a License When You Have a Criminal Record
If you're concerned that a criminal record may prevent you from getting a liquor license for your establishment, there are some things you can do that may help you get approved. Possibly the easiest option is to have a business partner with a clear record apply for the license. Since the license typically covers the premises, you should be okay to sell alcohol as long as you abide by the rules set by the liquor bureaus. Be aware, though, that some jurisdictions require the license holder to be on the premises while the establishment is open. So be sure to have someone (or multiple people) who can fulfill this requirement get licensed.
Another option for dealing with a criminal conviction is to see whether you can get the offense expunged from your record. A successful expungement entails having the conviction sealed from public view or removed from your record altogether. In either case, the offense won't show up in a background check once the expungement takes effect, though it may still appear in certain databases accessible by law-enforcement officials.
Each state has its own rules for expunging a criminal record, and the rules may entail your having to wait a certain amount of time after the conviction to request it be removed. In Maryland, for instance, you must wait a minimum of three years before you can file a request for expungement. You also must file the request in the state where you were convicted. So even though you may live in Texas, you would have to file the request in Michigan if that is where you were arrested, tried, and convicted.
Expungements can be complex to obtain, and it's best to consult with an attorney for help with this option.
For more information about how a criminal record may affect your chances of getting a liquor license or get help obtaining one, contact a liquor-license consultant such as Arizona Liquor Industry Consultants in your area.
