Legal Question in Criminal Law in Minnesota

Stay of Adjudication as a Juvenile

Me and a few friends tried to gain entry to a public building late one night (stupid high school prank). One friend got arrested since he had a lock pick and me and the other friend were released with both having statements taken. Well, two weeks later, I got a letter from the County's prosecutor saying I was being charged with several counts of felonies, and misdemeanors in ''aiding'' them to commit a felony since I drove them. I went to court and my Public Defender negotiated it down to a stay of adjudication on the felony charge. (By the way, I was 17 at the time of the crime). I have completed my 5 days of Sentenced to Serve, and now I am off probation. What I am wondering is: is that completely off my record now? It did not show up as a conviction, and my PD said it was never on my record due to it being a stay of adjudication. Also, who can see those records, and if it is not off my record, how can I have it sealed or expunged?


Asked on 12/11/08, 10:23 am

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Stay of Adjudication as a Juvenile

Successful completion of all conditions of a "stay of adjudication" will result in dismissal of the charge at the end of the stay period, without conviction (or without adjudication, in juvenile cases). At that point, there would be "no conviction" (or "no adjudication") record.

Many, but not all, juvenile court records are non-public.

FFI:

http://www.liberty-lawyer.com/juveniledelinquency/juvcourtrecords.html

http://www.liberty-lawyer.com/juveniledelinquency.html

The most effective criminal record expungements currently are statutory, such as via Minnesota Statutes Chapter 609A. It is not clear that that statutory route to expungement would be available in such a case. You might want to do a backgound check on yourself to see if anything turns up. Based upon Minn. Stat. � 260B.163, subds. 1, 3, it may be that the court records are public, but that they would not show an "adjucation" ("conviction" if not a juvenile case) after dismissal of the petition (complaint).

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Answered on 12/11/08, 12:00 pm


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