Misdemeanors in Minnesota

Minnesota categorizes misdemeanors in order of increasing severity as petty misdemeanors, misdemeanors, and gross misdemeanors. Misdemeanors are punishable by a sentence not more than 90 days, a fine not exceeding $1,000, or both. Exhibits, dockets, summons, warrants, pleadings, judgments, and other filings made in connection with misdemeanors are preserved by the presiding court’s clerk as criminal court records.

Aside from general misdemeanor categories, Minnesota recognizes felonies (more severe than misdemeanors) and ordinance violations (the least severe classification) (MN Statutes § 169.02). These crime classifications exist as sentencing guides and also to aid the general public in understanding potential penalties for different types of crimes, even before trial.

Common Examples of Misdemeanors in Minnesota

The following crimes are generally considered misdemeanors in Minnesota:

• Assault in the fifth degree (MN Statutes § 609.224)
• Disorderly conduct (MN Statutes § 609.72)
• Fourth degree driving while impaired (DWI) (MN Statutes § 609.72)
• Trespass (MN Statutes § 97A.315)
• General prostitution crimes (MN Statutes § 609.3232 Subd. 7)
• Refusal to aid in making an arrest (MN Statutes § 629.403)
• Vandalism (MN Statutes § 505.33)
• Domestic assault (MN Statutes § 609.2242)

Statute of Limitations for Misdemeanors in Minnesota

According to Minnesota Statutes § 628.26, most misdemeanors have a three-year statute of limitations. This is the allowed time, after the commission of a crime, within which prosecutors or law enforcement may file charges or make a complaint against a suspect. According to the statutes, the limitations period for any offense tolls (does not run) within any period when:

• The defendant participated in a pretrial diversion program for the alleged offense, pursuant to a written agreement.
• The defendant is absent from the state.
• Physical evidence related to a case is undergoing DNA analysis, unless the defendant can prove to the court that law enforcement or the prosecution purposefully delayed the analysis to their advantage.

Legal Penalties for Misdemeanors

Misdemeanors are punishable by a maximum fine of $1,000 (MN Statutes § 609.033), jail time of not more than 90 days, or both (MN Statutes § 169.02). Also, Minnesota law allows courts to impose probation as an alternative to, or in conjunction with, confinement. For a second or subsequent misdemeanor conviction within a certain number of years (depending on the crime), the offense may be treated as a gross misdemeanor or a felony.

The previously mentioned jail time and fine are the maximum penalties for misdemeanors and exist as sentencing guides. Sentences are ultimately subject to the judge’s discretion and are typically determined based on the nature of the offense. Note that beyond a court’s sentence, a conviction may have other long-term negative effects on a person’s social life and opportunities.

Court Process for Misdemeanors

The legal process for misdemeanor cases typically begins with the issuance of a citation or a complaint. Moving forward, the criminal process normally differs for different cases. According to the Minnesota Rules of Criminal Procedure, the following are typical steps that make up the court process:

• An arrest may be made with or without a warrant, depending on the circumstances of the case. If the arrest is made without a warrant, a judge must determine probable cause within 48 hours from the time of the arrest.
• The first appearance (also known as arraignment) then follows. At this hearing, the defendant is informed of the charges and their rights, and also given an opportunity to enter a plea. If the defendant does not have an attorney, the court appoints one for them at the arraignment. If the defendant enters a guilty plea at this hearing, statutory sentencing or presentencing procedure may be followed. Otherwise, they may demand or waive their right to a jury trial.
• At the end of the arraignment, the defendant will be released pending trial, unless there is a justifiable reason to remand them in custody until trial. This is known as the pretrial stage and often involves pleadings, discovery, motions, evidentiary hearings, and conferences. If at the end of this stage, the defendant enters a plea of ‘guilty’, a trial date will be set. Trials are held at district courts.
• At trial, both parties will present their arguments, and if applicable, witnesses will testify. Evidence is also reviewed. At the end of the trial, the defendant may have entered a guilty plea or been found guilty or not guilty by the court. For any plea or verdict other than guilty, the defendant will be released.
• If the defendant is found guilty, the judge will pronounce a sentence. In some cases, a future date may be set for sentencing. Before sentencing, presentencing investigations may be conducted. The defendant has the right to appeal the conviction and/or the sentence of the district court at a higher court.

How Misdemeanors Affect Your Criminal Record

Under Minnesota Statutes § 245C.03, background checks are required for individuals seeking employment in specific organizations, including child care centers, adult foster care facilities, and nursing services agencies. Individuals convicted of disqualifying misdemeanor offenses are barred from working in such organizations until the waiting period has elapsed or the associated records have been expunged.

Similar restrictions also make it difficult to obtain housing or professional licenses/certifications in many healthcare jobs, law enforcement, and admission to the bar. Although Minnesota’s “Ban the Box” law prohibits inquiry about a person’s criminal history too early during an application, record bearers may still experience inevitable setbacks, as employers and landlords may conduct background checks independently. Furthermore, certain convictions may also influence a student’s eligibility for federal financial aid programs.

A criminal conviction on a person’s record carries a significant impact that, depending on the severity of the offense, may last throughout a person’s lifetime. However, most misdemeanor records can be expunged after 3 years.

Differences Between Class B Misdemeanors and Other Offenses

In Minnesota, crime categories differ mainly in terms of the maximum potential penalties. Technically, the severity levels of these potential penalties reflect the degree of seriousness state law attaches to different categories of crimes. Note that specific crimes (like assault, DWI, and domestic assault) are further classified into various degrees, each belonging to a distinct crime category. The following table highlights the distinctions between the different categories of offense recognized by state law:

How to Check for Misdemeanors in Court Records

Misdemeanor court records can be accessed online through court websites or at the courthouse where the case was heard. At the courthouse, an inquirer may either request paper copies of records from the clerk’s office or use public access terminals to view electronic records. The Minnesota Judicial Branch provides online access to misdemeanor court records through the Minnesota Court Records Online (MCRO) platform. On this website, users can search for a record by case number or defendant’s name.

Online resources only exist for informational purposes and do not substitute for official records, which may only be obtained from the court clerk’s office. Visitors should contact the specific court clerk’s office for request requirements and rules or visit their website for more relevant information. Please note that procedures vary among different courts and jurisdictions.

Can a Misdemeanor Be Expunged or Sealed in Minnesota?

Yes. Minnesota Statutes Chapter 609A provides for the expungement of certain criminal records. When a record is expunged, it is sealed and may only be opened for its existence disclosed by a statutory authority or a court order. Under § 609A.015, a person may qualify for automatic expungement if

• The charges were dismissed, unless the dismissal resulted from the court determining that the defendant was incompetent to proceed to trial
• The case was resolved in favor of the defendant, or they were exonerated
• The arrest was a result of mistaken identity (§ 609A.017)

Otherwise, they may qualify for expungement-by-petition if the applicable waiting period has passed and the underlying offense was not a disqualifying offense. The waiting period is the time that must pass immediately following discharge of the disposition or sentence for the conviction. Misdemeanors have a waiting period of 2 years; 7 years for misdemeanors classified as disqualifying offenses.

Note that expungement laws differ by state. This also applies to the implications, requirements, and qualification criteria. Eligible individuals are encouraged to request the expungement of their records as soon as they qualify, as the presence of these records typically limits their access to specific opportunities, especially if the offense is disqualifying.