Legal Question in Criminal Law in Minnesota

If I plead guilty to a felony theft of $10,000 or greater but entered a plea agreement with a stay of imposition and have successfully completed all requirements and was discharged from probation reducing it to a misdemeanor and restored all civil rights am I eligible for having it expunged and if so do I have to wait the 2 years for a misdemeanor or the 5 years for a felony according to Minnesota state law.....Thanks in advance!


Asked on 12/05/15, 1:20 pm

3 Answers from Attorneys

Rory Durkin Giancola-Durkin Criminal Defense

I think it's the 5

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Answered on 12/05/15, 3:20 pm
Tricia Dwyer Tricia Dwyer Esq & Assoc PLLC

A general rule of thumb on this sort of question is that when two dates are in question, that with the lengthier (longer) time frame governs. When you stop & think about it, I believe it will make sense to you. Urge you to be very wary of 'free advice'. (We attorneys here are providing the public with general info': Do turn to your attorney & she can advise you.) Best to you!

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Answered on 12/06/15, 3:24 am
Samuel Edmunds Sieben Edmunds Miller PLLC

This is actually an open question in Minnesota. The expungement law is too new for the appellate courts to have provided any clear direction. Sit down for a consultation with an experienced attorney to discuss options.

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Answered on 12/07/15, 9:20 pm


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