Legal Question in Criminal Law in Minnesota

Re: criminal

It is a misdemeanor if you successfully completed the probationary preiod. At that point the offense is reduced from a felony to a gross misdeanor or misdemeanor.

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Re: criminal - stay of imposition

The answer is in Minnesota Statutes Section 609.13. You can find it using an internet search engine at the Minnesota legislature's website.

For crimes claimed under Minnesota state laws, the level of conviction (felony, misdemeanor) is determined BY THE SENTENCE IMPOSED, NOT the level of the crime CHARGED or ADJUDICATED. This is true for most purposes, with few exceptions (such as civil rights to firearms, for example).

Assuming a person was charged with a Minnesota state criminal statute "felony" crime, and pled guilty or recieved a guilty verdict, and was given a "stay of imposition" of sentencing as a disposition; AND COMPLETES PROBATION WITHOUT VIOLATING THE CONDITIONS OF THE STAY; then, the conviction would be deemed for a misdemeanor, per Minn Stat 609.13, subd. 1. Therefore, were that the situation, the person could truthfully and correctly state the conviction was not a felony conviction (instead, was a misdmeanor conviction.) Note that while on probation, it is still a felony conviction.

It will still show up on the NCIC (FBI) national criminal history database, however. So, it might make sense to tell potential employers and exmplain before they get the background check results.