Legal Question in Criminal Law in Minnesota

Hi, I was charged with felony assualt on an officer in the 4th degree, gross misdemeanor obstruction of legal process, and a few other petty misdemeanors all within one night due to excessive drinking followed by a blackout on a college campus. My question is about my sentencing. I took a plea bargain in which everything would be dropped and I would plead to the gross misdemeanor obstruction charge. I plead guilty to that and my sentence was stayed pending successful completion of probation. So what exactly does a stay of imposition mean regarding my record? Will it be on my record after my probationary period is complete and I have fulfilled all my conditions of probation? I have gotten unclear answers from my lawyer and PO and mainly want to know the effect on my future employment opportunities. I was under the impression that with a stay of impostion it was as if it never happened with the completion of probation. Will I have to disclose this matter with future employers? What would my record say and if so, for how long? This is an area of stress for me as I am a full-time student going for an advanced degree maybe even a doctorate. Will all my schooling, money, and effort be a waste in terms of finding a job post graduation with such a thing on my record? Any help in this matter would be greatly appreciated. Thanks for listening.


Asked on 4/30/10, 10:26 am

1 Answer from Attorneys
Ross Brandborg Brudvik Law Office

Under Minn Statue 609.13 upon successful completion of probation you will have been deemed convicted of a Misdemeanor. (see at bottom of this post)

During the period of probation it is unclear, but for practical purposes it is likely considered a gross misdemeanor. If you complete probation successfully it will be deemed, by operation of law, to be a misdemeanor, but the plea to a gross misdemeanor could be found by the right company, and companies all view these convictions in different ways. You may find a company that views this incident as a regular misdemeanor or you may find one that can't see past the gross misdemeanor. Either way they are misdemeanors.

I would say worry about probation, it sounds like you got a good deal with the felony being dropped. (a felony would really screw things up for you) As far as future employment or school; honesty is the best policy on applications, because most will accept a explanation, but not a lie.

Minn Statute 609.13:

Subd. 2.Gross misdemeanor.

Notwithstanding that a conviction is for a gross misdemeanor, the conviction is deemed to be for a misdemeanor if:

(2) if the imposition of the sentence is stayed, the defendant is placed on probation, and the defendant is thereafter discharged without sentence.

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Answered on 5/05/10, 11:25 am


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