Legal Question in Criminal Law in Minnesota

Suspended Imposition of Sentence

In October 2000, I was arrested for Grand Theft- Embezzlement. My final sentencing was May 2001. As part of my sentencing I received an S.I.S. I completed my probation and had no like offenses. I was later told in order for my S.I.S to be in affect I had to go to court but the time had past, so now the felony has been showing on my record. My attorney for the case said I would have had to contact him around the time that my one year of probation was completed for him to help me in anyway. From what I understand, 7 years after the conviction, it will not show on my record. Will that be 7 years from the original arrest or from the date of my sentencing? Also, am I still able to have the charge removed from my record before the 7 year mark because of the S.I.S? If so, how do I go about doing so. One other point to make is I am now a resident of a state different then the state of the offense. This is the one and only crime I have ever commited and I would like any advise in where to go from here.


Asked on 3/28/07, 5:51 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Stay of Imposition of Sentence

In Minnesota, if a defendant pleads guilty and the court accepts the guilty plea, but "stays imposition of sentence" upon various conditions for a period of time, and the defendant completes the probationary period without violating any condition, the period of the stay would lapse without the defendant ever being sentenced. If that happens, then Minnesota Statutes Section 609.13 would operate to make the conviction a non-felony conviction. If your cases happened outside of Minnesota, you would need to check the laws, and-or with a lawyer in whatever state was involved.

As for criminal history records, there are several different kinds, with the various government agencies and entities involved -- each with different practices and considerations.

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Answered on 3/28/07, 8:59 pm


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