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?


Asked on 11/18/10, 3:21 pm

2 Answers from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers

Yes. You have been convicted of a felony and the charge is reduced only after the probarionary period has been successfully completed.

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Answered on 11/24/10, 10:31 am
Thomas C. Gallagher Gallagher Criminal Defense

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.

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Answered on 11/24/10, 2:36 pm


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