Legal Question in Criminal Law in Minnesota

Juvenile felony

My 13 year old was charged with felony theft. The public defender that was assigned to his case assued me that if my son plead guilty to the crime, the state would offer a ''stay of adjudication'' and if my son met all terms of his probation, this would never be on his record. we met with his probation officer yesterday and she informed me this will ALWAYS be on his record, just not easy to access by employers, ect. Who is correct here?


Asked on 2/15/08, 12:02 pm

2 Answers from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Juvenile felony

The probation officer is correct. Under a "stay of adjudication" disposition, the accused offers to the court a plea of "guilty" but the court "stays" or pauses the proceedings for a period of time, with conditions. If the conditions are met, the charge is dismissed without conviction (without "adjudication" in juvenile court). But, the court still has a record of all of this.

Most, but not all juvenile court records are "non-public" for most but not all purposes.

A stay of adjudication is better than some, but worse than other, potential resolutions. Whether it is worth accepting would depend upon the alternatives.

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Answered on 3/06/08, 12:45 pm
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Juvenile felony

The probation officer is correct. Usually, a Stay of Adjudication must be part and parcel of the plea negotiation. If it is not, the plea remains on the juvenile record. However, a juvenile record is not accessible by an employer.

For a consultation call 612.240.8005.

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Answered on 2/16/08, 12:10 am


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