Legal Question in Criminal Law in Minnesota
I was charged with 3rd degree drug posession at the end of 2007 - Not cocaine or heroin. I was convicted on 2-10-2010 with felony charges with a stay of imposition with a probation period of 20 years pending completion of the conditions of the court as I owed over $20,000 in restitution. At this point in time I have met all the conditons of the court including repayment of restittution. My probation officer has told me in the past that once i served 1 year of probation for each five years of probation that I was sentenced to; and as long as I have not have any more criminal charges and have met all the conditions of the court that my felony charges could be reduced to a misdemeanor charge. That would be February of 2014. Is there any way to petition the court to have early release from probation at this time (approximately 1 year early) and have the felony reduced? And how difficult would it be to seek and expungement of the misdemeanor? This is the only criminal charge I have ever had and plan never to have another one.
2 Answers from Attorneys
You may always file a motion for early release from probation. In most cases, to be successful, you must have the asset of the probation officer. If you entered a plea of guilty, an expungement though possible, is unlikely. It certainly would not occur during the probation period.
A motion for early release from probation may be made. Support from your probation officer is important. I suggest to you that expungement would be a matter for the future: Discuss this in detail with your attorney so she/he can assist you and advise you. Tricia Dwyer Esq at 612-296-9666, Tricia Dwyer Esq & Assoc PLLC, Minnesota Criminal Defense Attorney, Minnesota Probation Violations Attorney, http://dwyerlawfirm.net
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