Opdyk

The California Horse Racing Board (Board) upheld the exclusion of a gambler from all racetracks in California, although his misdemeanor bookmaking conviction was by plea of nolo contendere and was expunged after a period of probation. The superior court denied the gambler relief on other grounds, but we conclude the Board acted properly in excluding him as a convicted bookmaker.

In June 1988, William Opdyk, a self-styled “professional gambler,” pleaded nolo contendere to one count of bookmaking, charged as a felony but reduced to a misdemeanor (Pen. Code, § 337a, subd. (1)). On December 5, 1991, after successfully completing probation, Opdyk’s motion for ex-pungement (Pen. Code § 1203.4) was granted. After he was excluded from the simulcast wagering facility at Cal Expo in Sacramento, he requested an administrative hearing: The Board upheld his exclusion. He filed a petition for writ of administrative mandamus which was denied.

For three reasons Opdyk suggests his conviction should not be used against him by the Board. First, it was by plea of nolo contendere. Second, it has been expunged. Third, he is now rehabilitated. We will address these claims seriatim.

1. In…