Legal Question in Criminal Law in Minnesota
In 2006 I plead guility (I think) of a felony crime with a stay of imposition. I completed my court agreement and my felony has been dropped to a Misdemeanor.
On applications for work or government I am often asked if I have been convicted of a felony. However, it's my understanding that the stay of imposition removes that felony conviction. With work applications I never put "yes, I have been convicted of a felony" because my former probation officer said that it's like that conviction never occured. I'm not sure if that's true and am seeking advice. Thank you
3 Answers from Attorneys
Not True: The stay of Imposition is technical and means that no felony sentence was imposed. That allows the law to automatically change the record to misd. after probation is expired. You were convicted of a felony.
Generally, the stay of imposition means a plea agreement was formed and once the terms of probation were successfully completed the conviction level was reduced. See: https://www.revisor.mn.gov/statutes/?id=609.13 I suggest you have an attorney review your issues so that you respond appropriately to employment application questions. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, Minnesota Employment Law Attorney, http://dwyerlawfirm.net
A defendant who pleads guilty to a felony charge followed by a judge staying the imposition of sentence, will have a non-felony Minnesota conviction after successfully completing probation without any felony sentence ever being imposed. Key points: yes, a "conviction" but not a "felony" conviction after discharge from probation without any sentence ever imposed. See Minnesota Statutes Section 609.13 https://www.revisor.mn.gov/statutes/?id=609.13
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