Legal Question in Criminal Law in Minnesota

Re: Felony w/stay of imposition - employment

Under Minnesota law, the severity level of a conviction is determined by the sentence "imposed" by the court, whether or not that sentence is ever "executed." A sentence is imposed by a court is generally stated in terms of "X" years in prison and $"Y" fine imposed, the "execution" of which sentence may or might not be "stayed." If the "execution" of an "imposed" sentence is "stayed" -- this is called a "stay of execution," and the level of conviction (felony, misdemeanor) is determined by the sentence "imposed." On the other hand, if the court "stays imposition of sentencing" -- in other words -- postpones sentencing upon certain conditions for a period of time; and if the defendant makes it through that time period having complied with every condition of the stay, then the defendant would normally be discharged from probation without ever being sentenced. At that point, by operation of law (Minnesota Statutes), the conviction would be deemed a "misdemeanor," not a "felony." To be convicted of a felony under Minnesota law, the defendant must have been sentenced to one-year-and-a-day or more incarceration time.

The defendant who completes the stay of imposition period successfully, without violating any conditions of probation, and is then discharged from probation by the court, can then say truthfully that he has never been convicted of a felony under Minnesota law, on a job application or otherwise.

Minnesota law could change for the worse, in the future, but this is the current Minnesota law. Federal law is different, and generally more harsh. Consult a lawyer if facing this question relating to federal agencies, etc.