Legal Question in Criminal Law in Minnesota
I have been charged with a midemeanor theft $286. I was offered a Stay of Imposition from the prosecutor...and she says it will be dismissed after a year. I was in retail management. Will I be able to get a job after that year? If it is dismissed, will it come up on a background check? The prosecutor didn't know. I don't know if I need an attorney or not. I just want to get it taken care of and put it behind me. BUT I need to be able to get a job again too!
2 Answers from Attorneys
A Stay of Imposition is essentially requiring you to plead guilty, and the Judge accepts the plea of guilty but doesn't sentence you as long as you follow specific conditions. This is generally not dismissed after a year (but could be depending on the specific sentencing)
A Stay of Adjudication is when you plead guilty, but the Judge doesn't accept your plea as long as you follow specific conditions. This will often be dismissed after a year.
In addition, it will still show up on your record during the year as a conviction or pending charges (depending on how the court staff enter it in). After a year it will still show up, although it should show up as dismissed.
To get it removed from your record, you can attempt to have it expunged after the time period. This can be difficult, and many counties view a Stay of Imposition (and sometimes even a Stay of Adjudication) to be resolutions not in the defendants favor. That makes the possibility of an expungment even more difficult.
I would strongly suggest discussing this case with an attorney who knows the criminal system and can explain the offer to you as well as point out potential difficulties in the future. If you would like to discuss your case further, please feel free to contact our office for a free consultation. 612-217-0077
A Stay of Imposition would require a plea of guilty and for a probationary period, usually one year, you would have a criminal conviction If you follow all conditions of probation, it is dismissed. It will however, appear on a background check and is likely to be considered by employers.
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