Legal Question in Criminal Law in Minnesota

stay of imp with eventual expungement

Is it possible to wait until a stay of imp becomes a misdemeanor and then have your misdemeanor expunged so no employer would find it on your record? I have a class 6 felony which will drop to a misdemeanor after probation is completed. What are my chances of getting something like that expunged after a few years?


Asked on 4/25/07, 7:26 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: stay of imp with eventual expungement

In order to qualify for an expungement under Minnesota Statutes Chapter 609A, unless you were a juvenile certified as an adult or certain first time drug offenders, there must not be any guilty plea. A Stay of Imposition of sentence follows a guilty plea.

Though such a case may still qualify to petition for an "inherent authoirty of the court" expungement, the Schultz case some years ago says that law enforcement records cannot be ordered sealed under such an expungement.

Therefore, it would be an uphill battle, with no certainty of success at all.

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Answered on 4/26/07, 4:24 pm


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