Legal Question in Criminal Law in Minnesota

Re: subject

A "Stay of Adjudication," in Minnesota and under Minnesota law, is a disposition in a criminal case where the defendant pleads "guilty" to a criminal charge, but the court does not "accept" the plea -- instead "staying" or delaying the "adjudication" or the judicial determination whether the defendant is in fact guilty, which is to say, under Minnesota law, "convicted." The defendant who successfully completes the "probation period" without violating any condition of probation, should get his or her case dismissed without there ever being any "adjudication" of guilt, therefore, without ever having been "convicted," under Minnesota law. A "stay of adjudication" can provide the defendant an opportunity (and incentive) to avoid a criminal "conviction" under Minnesota law, by successfully completing probation. However, since the defendant did plead "guilty," a Minnesota appellate case holds that he or she will not be eligible for an expungement under the Minnesota expungement statute, Chapter 609A. This makes getting an expungement difficult, at best. Therefore, it is better to avoid any guilty plea at all, if possible, even in the case of a "stay of adjudication." An exception to this is a Minnesota Statutes 152.18 disposition, which is a special kind of stay of adjudication in drugs cases and specifically provides for eligibility for expungement after successful completion of probation. There are many different potential dispositions in criminal cases, with many various potential consequences. These are complicated questions which should be thoroughly discussed with your criminal defense lawyer.