Legal Question in Criminal Law in Minnesota
I entered a plea of guilty and received a 3rd degree charge with 10 years probation (stay of imposition). I received no jail time and $500 in court fees. When filling out employment information, do I have to check "yes" to the question, have you ever been convicted of a felony?
2 Answers from Attorneys
Yes. You have been convicted of a felony and the charge is reduced only after the probarionary period has been successfully completed.
For Minnesota issues visit criminal-law.tv
The answer is contained in Minnesota Statutes Section 609.13, subd. 1(2). "Notwithstanding a conviction is for a felony [charge] the conviction is deemed to be a misdmeeanor if the imposition of the prison sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without a prison sentence." That is generally interpreted to mean that it's a felony conviction while on probation, then a misdemeanor for some purposes after successful completion of probation without an imposition of sentence. Note that some other Minnesota statutes and federal statutes may still consider it a felony conviction forever, for example statutes relating to gun laws.
Related Questions & Answers
-
I got arrested for shoplifting and now I have a court date. It was $60 worth of... Asked 11/13/10, 9:34 pm in United States Minnesota Criminal Law
-
A lady watched my wife hide her purse in the car before going into the gym, and she... Asked 11/12/10, 10:03 am in United States Minnesota Criminal Law
-
I was dishonest with a man about needing money, I did "favors" for him in... Asked 11/11/10, 5:50 pm in United States Minnesota Criminal Law
-
After spanking my son and leaving a bruise on his butt, I'm being charged with... Asked 11/11/10, 4:29 pm in United States Minnesota Criminal Law
-
Rochester minnesota---------------------can a police officer mail you a ticket in... Asked 11/08/10, 11:14 pm in United States Minnesota Criminal Law