Legal Question in Criminal Law in Minnesota
Can I expunge records from a stay of execution?
Good evening. I have a question regarding a stay of execution. About a year and a half ago, I pled guilty to the lesser charge of a disorderly conduct, and was told that if I remain law-abiding and alcoholf-free for 9 months, and finish treatment, the conviction would be taken off my record in January 2009. I know I received a stay of execution versus a stay of imposition, unfortunately. It no longer shows up any more when I do a public records search, but I had recently applied for a new job to supplement my full-time income, and it still came up when they did a background search, even though I was told it would be off my record. Is there any way I can try to expunge this 'conviction' (I'm assuming the arrest and the stay still show up somehow on my record as of right now even though I am no longer on probation?). I am a bit concerned now because for my full-time job, this never showed up on the background search (I started a new job in March 2009, after I was no longer on probation after January 2009 and I was told the conviction would be off my record upon completed of all the terms of my 9-month probation), yet for another job that I recently applied to, it did show up. I would appreciate any help. Thanks for your time
1 Answer from Attorneys
Re: Can I expunge records from a stay of execution?
An expungement may be possible, buut it woudl require a complete review of the case. A Stay of Execution does not result in dismissed charges. It means that the jail sentence is stayed and not executed.
A Stay of Imposition may mean that you enter a plea of guilty and after the defined probationary period with no same or similar offenses, it is reduced - or in some counties - dismissed.
A Stay of Prosecution or a Continuance for Dismissal or a Plea not Accepted all result in a dismissal of charges after a probationary period.
If the charges are ultimately dismisssed, you may seek an expungement.
For a consultation call 612.240.8005.
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