Ready

On this appeal by the Insurance Commissioner from a judgment in mandate compelling him to set aside his order revoking the licenses of respondent, W. M. Ready, the following questions of law are presented: (1) the effect of the expungement of respondent’s conviction pursuant to section 1203.4 of the Penal Code; and (2) whether respondent was “convicted” within the meaning of subdivision (m) of section 1668 of the Insurance Code.

The facts are not in dispute. Respondent was permanently licensed as an insurance agent in 1952, and as a life and disability agent in 1961. On May 22, 1964, respondent entered a plea of guilty to two felony counts of grand theft involving fraudulent insurance claims. Imposition of sentence was suspended and respondent placed on probation for two years. On January 27, 1965, appellant held an administrative hearing and on March 24, 1965, adopted the recommendation of its hearing officer that respondent’s license to act as an insurance agent be revoked pursuant to sections 1668 and 1738 of the Insurance Code. On April 12, 1965, respondent filed his petition for a writ of mandate and at the subsequent court hearing presented evidence not previously adduced…