Legal Question in Criminal Law in Minnesota
If I plead guilty to a felony theft of $10,000 or greater but entered a plea agreement with a stay of imposition and have successfully completed all requirements and was discharged from probation reducing it to a misdemeanor and restored all civil rights am I eligible for having it expunged and if so do I have to wait the 2 years for a misdemeanor or the 5 years for a felony according to Minnesota state law.....Thanks in advance!
3 Answers from Attorneys
I think it's the 5
A general rule of thumb on this sort of question is that when two dates are in question, that with the lengthier (longer) time frame governs. When you stop & think about it, I believe it will make sense to you. Urge you to be very wary of 'free advice'. (We attorneys here are providing the public with general info': Do turn to your attorney & she can advise you.) Best to you!
This is actually an open question in Minnesota. The expungement law is too new for the appellate courts to have provided any clear direction. Sit down for a consultation with an experienced attorney to discuss options.
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