Legal Question in Criminal Law in Minnesota

Plea of Guilty versus Not Guilty...

I have one more question regarding a disorderly conduct charge. If a person pleads guilty for a lessor charge if possible (ex.. petty misdemeanor), in the interest of not having to drag things out with a trial, etc.; at some point in the future can it be expunged from the record even if a plea of guilty was entered? My understanding is that if a plea of innocent is given,there would have to be a trial, thus requiring numerous appearances, etc.. (extremely high costs)

Thanks for giving insight.


Asked on 11/07/08, 12:44 pm

2 Answers from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Plea of Guilty versus Not Guilty...

A petty misdemeanor is not considered a criminal offense and, as a result, cannot be exounged. You would be better off seeking counsel to negotiate something that ultimately results in a dismissal, such as a Stay of Prosecution.

For a consultation call 612.240.8005.

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Answered on 11/07/08, 12:46 pm
Thomas C. Gallagher Gallagher Criminal Defense

Re: Plea of Guilty versus Not Guilty...

Though a "petty misdemeanor" is not a crime, it can stain a person's public record. Any guilty plea would make a case ineligible for expungmenet under Minnesota Statutes Chapter 609A (unless juvenile certified as adult or certain first time drug cases). I do not believe "extremely high costs" would relate to retaining a lawyer. It would be a fair description of not retaining a good lawyer, and ending up with a record.

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Answered on 11/07/08, 12:54 pm


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