Understanding Gross Misdemeanors in Minnesota

Minnesota law classifies gross misdemeanors as serious offenses, placing them above misdemeanors and petty misdemeanors but below felonies. These offenses occupy the middle tier in the State's criminal classification system, representing crimes considered more severe than general minor infractions but less severe than offenses punishable by long-term State prison sentences.

Under Minnesota Statutes (MN Stat.) § 609.02.4, a gross misdemeanor is defined as any crime that does not qualify as either a felony or a misdemeanor. Legislators recently adjusted the classification of this offense, noting that the maximum sentence of imprisonment is now limited to 364 days (MN Stat. § 609.03). This legislative change ensures that Minnesota gross misdemeanors do not carry mandatory collateral immigration consequences associated with sentences of 365 days or more. States may use different names for similar intermediate-level offenses, such as "Class A", "Class 1", or "Level A" misdemeanors; however, in Minnesota, the term "gross misdemeanor" specifically denotes this level of severity.

Examples of Gross Misdemeanors in Minnesota

Gross misdemeanors generally include offenses involving moderate harm, repeat offenses that escalate from a misdemeanor level, and certain property crimes that fall below the felony threshold. They reflect a broad range of prohibited behavior.

Examples of acts categorized as gross misdemeanors in Minnesota include

• Elevated Assault: Assault in the fifth degree when committed against the same victim within 10 years of a previous domestic violence-related conviction, or assaulting a vulnerable adult and inflicting demonstrable bodily harm (MN Stat. § 609.224.2).
• Criminal Damage/Theft: Criminal damage resulting in property value loss between $500 and $1,000. Similarly, theft crimes involving property valued between $250 and $500 may be categorized at this level if certain conditions are met (MN Stat. § 609.595.2).
• Driving/Traffic Offenses: Reckless driving that results in significant bodily harm or death. Designated gross misdemeanors often relate to driving while impaired (DWI) offenses, such as second- or third-degree DWI violations.
• Weapons/Public Order: Violating an order for protection (OFP) when having a prior qualified domestic violence conviction, carrying a rifle or shotgun illegally in a public place, or intentionally discharging a firearm over cemetery grounds.

The following table summarizes typical gross misdemeanor characteristics:

Penalties for a Gross Misdemeanor in Minnesota

Upon conviction of a gross misdemeanor, the court may impose several potential penalties. The maximum sanction for a gross misdemeanor is imprisonment for not more than 364 days and a fine of not more than $3,000. If a law establishes a crime as a gross misdemeanor but provides no specific punishment, the general sentence is imprisonment for not more than 364 days, a fine of not more than $3,000, or both. In traffic cases, gross misdemeanor convictions may result in the revocation/suspension of a person's driver's license. Judges may also impose additional conditions, such as court-ordered restitution to the victim.

Probation and Alternative Sentencing Options in Minnesota

Minnesota courts often employ supervised non-jail penalties for gross misdemeanor convictions, typically imposed through a stay of sentence or probation. Probation is a penalty requiring the defendant to follow specific conditions designed to prevent future criminal behavior.

The length of probation varies depending on the severity of the crime. If the conviction is for a general gross misdemeanor (GM), the stay of sentence shall be for no more than 2 years. However, for designated gross misdemeanors, such as certain DWI violations (e.g., second-degree DWI under Minn. Stat. § 169A.20) or criminal vehicular operation (Minn. Stat. § 609.2113), the stay may not exceed four years.

As part of the sentence, the court may impose up to 1 year in a county jail or workhouse and may authorize work release. Judges may also order restitution for economic loss, require community service work, or substitute service for fines when payment would cause hardship.

Some offenders may avoid conviction through diversion or a stay of adjudication. Eligible participants—usually first-time, non-violent offenders—may complete programming such as vocational training. Successful completion results in dismissal without a formal adjudication of guilt. Availability of these options varies by county and the circumstances of the offense.

Can a Gross Misdemeanor Be Expunged or Sealed in Minnesota?

Yes. People convicted of gross misdemeanors in Minnesota may have their criminal records sealed, which is the remedy available under Minnesota's expungement law (MN Stat. § 609A).

Generally, almost anyone may review public Minnesota Criminal Court Records to understand charges they may face or have faced. Expungement results in a court order sealing such records and prohibiting their disclosure. However, it does not authorize their destruction or deletion.

Expungement is considered an extraordinary remedy and is generally granted only if the petitioner demonstrates by clear and convincing evidence that the personal benefit outweighs the disadvantages to the public and public safety. Clearing a criminal record may improve access to housing and employment opportunities.

Expungement eligibility rules differ based on the nature of the disposition:

1. Expungement by Petition: A person convicted of a gross misdemeanor may petition the court to seal their records if they have not been convicted of a new crime for at least 3 years since the sentence was discharged.
2. Automatic Expungement: Recent legislation allows for automatic expungement relief for qualifying offenses. For a qualifying gross misdemeanor, a person is eligible if they have not been convicted of a new crime in Minnesota within 3 years of the discharge of their sentence.

It is essential to recognize that certain serious offenses are ineligible for automatic expungement, even if they are categorized as gross misdemeanors. For example, gross misdemeanor offenses, such as assault in the fourth degree or specific degrees of DWI (e.g., second- or third-degree DWI), are excluded from automatic relief.

Long-Term Consequences of a Gross Misdemeanor Conviction

A gross misdemeanor conviction may result in various automatic disadvantages, known as collateral sanctions, that extend beyond the immediate fine or jail sentence. These outcomes vary based on the specific nature of the offense and licensing or regulatory requirements.

Collateral sanctions include being unable to obtain or retain licenses, permits, or jobs, or being unable to obtain or maintain benefits such as public housing or education. For instance, a conviction for a gross misdemeanor crime may result in disqualification from professional or human services licensing, such as foster care or daycare licenses.

A conviction also affects an individual's rights, notably gun ownership. A person convicted of certain gross misdemeanor crimes, such as assault motivated by bias or offenses committed for the benefit of a gang, is prohibited from possessing a firearm. Generally, restoration of firearms eligibility occurs automatically for these gross misdemeanor convictions after 3 years have elapsed since the date of conviction, provided the person has no subsequent violations.

Additionally, a prior gross misdemeanor conviction, even if the sentence was stayed or imposed, will increase an individual's criminal history score if they are later sentenced for a new felony. This increase may potentially result in a harsher punishment for the new offense.

Furthermore, a conviction for an offense may lead to serious immigration consequences for non-U.S. citizens, such as denial of citizenship, removal, or deportation. To mitigate the risk of automatic deportation triggered by an "Aggravated Felony" classification under federal law (which applies to sentences of 365 days or more), Minnesota recently adjusted its definition of a gross misdemeanor's maximum sentence of imprisonment to 364 days.

What to Do if You’re Charged with a Gross Misdemeanor in Minnesota

If charged with a gross misdemeanor, an individual should prioritize understanding the charge and fulfilling all court obligations. If the person received a summons, that document confirms they have been charged with a crime, and usually contains the address given to the arresting office or the court. A person arrested for a gross misdemeanor violation may be taken into custody and immediately brought before a judge.

The importance of attending all court hearings cannot be overstated. The first court appearance in a criminal case is the arraignment, where the judge typically reviews the charges and asks the defendant to enter a plea. Failure to appear for any scheduled hearing, especially if the person has been released on bail or bond, may result in the bail or bond being forfeited to the State, meaning the state retains the entire amount. Failing to comply with legal notices or court directives may result in the issuance of an arrest warrant.

An individual facing charges should consider consulting a lawyer for legal advice and representation. Persons charged with a gross misdemeanor may be entitled to be represented by a public defender if they are indigent. Eligibility for a public defender is contingent on the case involving the possibility of jail time and the person meeting low-income qualifications.

Defendants should also gather documentation related to the case and maintain regular contact with the court or the prosecutor's office.

Statute of Limitations for Gross Misdemeanors in Minnesota

The period within which indictments or complaints must be filed in Minnesota is defined by the specific statute of limitations applicable to the offense. For gross misdemeanors not explicitly covered by a longer statute of limitation, the general timeframe for the State to file charges is 3 years from the commission of the offense. This 3-year period applies "in all other cases" unless a different limitation period is specified.

However, certain exceptions exist that extend this general limit, often for more serious offenses. For instance, indictments or complaints for crimes involving major theft (where the property value or loss exceeds $35,00) or certain financial crimes must be filed within 5 years after the offense. Additionally, the limitations period excludes any time during which the defendant was not an inhabitant of or usually resident within Minnesota. The period also excludes any time during which the alleged offender participated in a pretrial diversion program under a written agreement related to that offense.