Infractions, Misdemeanors, And Felonies in Minnesota

In most U.S. states, lawmakers categorize offenses into three main types based on severity:

• Infractions
• Misdemeanors
• Felonies.

Individuals who commit infractions face the least severe penalties, while misdemeanors carry more serious consequences, and felonies represent the most serious category of crimes. Some states further divide these categories into classes or levels, while others classify each offense individually on a crime-by-crime basis.

In Minnesota, the law categorizes offenses into two main levels: felonies and misdemeanors. The state does not subdivide felonies into levels or classes, while misdemeanors fall into three distinct categories. Infractions do not stand as a separate category; instead, Minnesota generally classifies them as petty misdemeanors.

Each category of crime carries specific penalties outlined in the Minnesota criminal code. Criminal courts in Minnesota handle these cases, and individuals can request or obtain Minnesota criminal court records from the court where the case was heard. Additionally, Minnesota statutes of limitations define the timeframe within which prosecutors may file criminal charges.

What is a Felony in Minnesota?

The Minnesota legislature defines felonies as crimes punishable by imprisonment for more than a year (MN. Stat. § 609.02). Felonies are the most serious offenses, carrying severe consequences, including jail time, fines, and other penalties imposed at the judge’s discretion. Since Minnesota is one of the states in the US to abolish capital punishment, the maximum penalty for felonies is typically life imprisonment.

Unlike some other states, felonies in Minnesota are not categorized into classes or levels (Class 1 or Level 1). Instead, specific penalties are set on a crime-by-crime basis. Certain crimes may be classified as either felonies or misdemeanors, depending on the specific circumstances of each case. This may also affect the severity level of sentences given to offenders who have been convicted of these crimes. These factors may include:

• The age of the victim, offender, or both.
• The offender’s prior criminal record or previous offenses.
• The psychology or “sanity” of the offender.
• Consequences of the crime, such as financial, moral, social, or health-related damages.
• Additional factors that may increase or decrease severity, such as premeditation, provocation, duress, or self-defense.

These factors can affect the sentence, the severity of the crime, its classification, or the penalties imposed. For instance, a DWI misdemeanor may be classified as a felony if the individual is a habitual offender that is, has committed three prior DUIs within a few years. In addition to the penalties imposed, individuals convicted of felonies may temporarily or permanently lose certain civil rights.

What Are Some Examples Of Felonies In Minnesota?

In Minnesota, felonies represent the most serious type of crime and are punishable by more than one year in prison. The Minnesota Sentencing Guidelines Commission (MSGC) assigns felonies a Severity Level, ranging from 1 to 11, within its Sentencing Guidelines to determine the appropriate prison sentence. Felonies include a wide variety of offenses, but they generally fall into the following main categories:

Violent Crimes (Minnesota Statute §624.712)

• Murder (all degrees)
• Manslaughter
• First-Degree Assault
• Second-Degree Assault (involving a dangerous weapon)
• Criminal Sexual Conduct (1st, 2nd, 3rd, and 4th degrees)
• Kidnapping

Property Crimes

• Aggravated Robbery
• Arson
• First-Degree Burglary (especially in an occupied dwelling or with a weapon)
• Theft/Grand Theft.

Drug Crimes

• Controlled substance offenses, such as manufacturing, selling, distributing, or possessing large quantities of drugs.

Traffic Crimes

• Felony Driving While Impaired (DWI) and crimes involving criminal vehicular homicide or operation.

Financial and White-Collar Crimes

• Identity theft
• Large-scale fraud
• Embezzlement
• Forgery involving significant amounts.

Can I get a Felony Removed from a Court Record in Minnesota?

Yes, some felony records in Minnesota can be expunged. Under Minnesota law, expungement involves sealing a criminal record so that it is no longer available to the public. The record is not erased; however, law enforcement, courts, and certain government agencies may still view it with proper authorization. Minnesota’s Clean Slate Act (§ 609A.015) also provides for automatic sealing of certain eligible records, including non-conviction records and some lower-level, non-violent felonies, once the required waiting period has passed, without the need to file a petition.

If a case is not eligible for automatic expungement, an individual may file a Petition for Expungement (Minn. Stat. § 609A.03) with the District Court and pay the filing fee, unless it is waived. The process involves a court hearing where the judge considers several factors, such as:

• The nature and severity of the offense
• The amount of time that has passed since the offense (4 years after completing the sentence for certain drug-related felonies (Minn. Stat. § 152.025), and 5 years for other eligible felonies)
• The petitioner’s rehabilitation efforts and character references
• Whether the individual has remained crime-free during the waiting period.

It is important to understand that only certain felonies qualify for expungement, primarily non-violent and non-sexual offenses. Under Minn. Stat. § 609A.02, subd. 3, eligible felonies include (with some limitations):

• Accidents with great bodily harm (under Minn. Stat. § 169.09, subd. 14(a)(2))
• Crimes against the court (contempt, failure to appear in court)
• Criminal property damage
• Embezzlement (under $2500)
• Falsification or forgery of certain certificates or documents (checks, livestock, title, driver’s license)
• Fraud (of title, lottery, credit card, mortgage, and cell phone service)
• Gambling
• Insurance violations
• Invasion of privacy and hacking
• Piracy
• Possession of a controlled substance
• Tax violations (fuel, liquor)
• Theft of property (under $5,000) and livestock
• Violation of weapon regulation (possession without permit, transfer pistol to a minor, discharge of a firearm)
• Voting violations
• Weapons possession
• Wildfire arson and negligent fires.

How to get an expungement in Minnesota

The process of seeking expungement in Minnesota courts generally involves these steps:

Gather Records

• Identify all agencies with your records.
• Collect full case history (arrests, charges, convictions).

Get Forms

Obtain required forms for each case:

• Petition for Expungement
• Notice of Hearing
• Affidavit of Service
• Order Concerning Sealing of Records
• Forms available at the courthouse (fee) or online at mncourts.gov/forms

Complete Forms

• Fill out Petition for Expungement, Notice of Hearing, and Order Concerning Sealing of Records.
• Include full criminal history, reasons for expungement, and accurate case details.
• Set a hearing date at least 63 days after mailing.

Notarize

• Sign forms in front of a notary and get them stamped.

Make Copies

• Prepare at least two copies of all completed forms.

Prepare Mailing

• Address envelopes to all law enforcement and prosecuting agencies holding your records.
• Insert copies of required forms into the correct envelopes.

Use a Service Person

• Someone over 18 with a valid ID (not you) should mail the documents.

File Affidavit of Service

• The service person completes and signs an affidavit before a notary after mailing.

File Forms

• Take the three original forms to the court within 2 days after mailing.

Pay Fees

• Submit required fees to the court clerk (or request a fee waiver, if eligible).

Attend Hearing

• If no objections are filed, appear in court on the scheduled date.

After Ruling

• If granted, obtain the signed expungement order, make copies, and send to all agencies involved.

Note: Expungement may be granted, but it is not guaranteed; the final decision rests with the judge.

Is Expungement the same as Sealing Court Records in Minnesota?

Yes. In Minnesota, expungement and record sealing are considered equivalent. When the court expunges a record, it seals the record from public view, and criminal background checks no longer display it. However, the court does not erase the record entirely; law enforcement, prosecutors, and courts can still access it with proper authorization.

How Long Does a Felony Stay on Your Record in Minnesota?

In Minnesota, a felony conviction typically remains on a criminal record for life unless it qualifies for expungement. Without a successful petition for expungement, the felony stays visible to the public and will appear on background checks indefinitely. However, some lower-level, non-violent felonies may be sealed after a waiting period, usually five years crime-free following completion of the sentence.

Starting January 1, 2025, Minnesota’s Clean Slate Act automatically seals certain eligible felonies once the waiting period ends. It excludes serious crimes, such as violent or sexual felonies, which remain permanently on an individual’s record.

What is a Misdemeanor in Minnesota?

Misdemeanors in Minnesota are offenses less serious than felonies and are punishable by up to one year in jail. These offenses are not seen as grievous and may include violations of ordinances and other rules of any political subdivision of the state.

Penalties may also include fines, parole, restitution, or other sanctions authorized at the discretion of the judge or by the affected public bodies. As with felonies, penalties may be influenced by circumstances surrounding the crime, such as the age of offender and the victim, prior criminal history, and other factors.

Categories of Misdemeanors in Minnesota

Minnesota law (Minn. Stat. § 609.02) classifies misdemeanors into three categories, based on their severity and penalties:

Gross Misdemeanor: The most serious misdemeanor level, just below a felony. It carries a maximum penalty of up to 1 year in jail and/or a fine of up to $3,000.

Misdemeanor (standard): The Minnesota legislature defines this as an offense punishable by up to 90 days, a fine not exceeding $1,000, or both.

Petty Misdemeanor: Also referred to as a petty offense in Minnesota, this is a non-criminal violation of a statute or ordinance. It does not involve jail time and is the least serious type of offense in the state. Penalties are limited to a fine of up to $300. In other states, this level of offense is often referred to as an “infraction”.

What are some examples of Misdemeanors in Minnesota?

In Minnesota, standard misdemeanors are the lowest level of criminal offenses and carry penalties of up to 90 days in jail and/or a $1,000 fine. Certain circumstances can elevate a misdemeanor to a gross misdemeanor, which is punishable by up to 1 year in jail and a $3,000 fine. Aggravating factors may include:

• Repeat offenses
• A specific type of victim
• Greater harm or higher value involved
• High blood alcohol concentration (BAC) in DWI cases.

Examples of misdemeanors in Minnesota, by class, include:

Gross misdemeanor:

• Stalking
• Prostitution-related offenses
• DWI (third offense)
• Gambling (as defined in MN. Stat. § 609.76)
• Theft of property valued between $500–$1,000
• Second-time DWI within 10 years (or first with aggravating factors, such as BAC ≥ 0.16 or a child in the vehicle)
• Serious domestic assault (without felony-level injury).

Misdemeanor (standard):

• Reckless driving
• Trespass
• Gambling (as defined in MN. Stat. § 609.755)
• Theft of property worth less than $500
• Simple assault (minor injury, no weapon)
• First-time DWI (with no aggravating factors, BAC under 0.16)
• Public intoxication or loitering.

Petty misdemeanor:

• Possession of small amounts of marijuana
• Use of ignition devices (without arson) inside schools or places with a risk of fire
• Speeding
• Failure to appear in court
• Noise violations
• Petty theft.

Can I Get a Misdemeanor Removed from a Record in Minnesota?

Yes. In Minnesota, individuals can remove misdemeanors through expungement. Those who were arrested, charged, or convicted of a misdemeanor may qualify, but the law excludes serious offenses such as violent or sexual crimes. When the court dismisses charges or the person successfully completes a diversion program, they may receive automatic expungement under the state’s “Clean Slate” law or become eligible for a petition-based expungement after only one year.

To clear conviction records, individuals are expected to file a petition for expungement in court. A judge then considers factors such as rehabilitation and public safety. Under the Minnesota expungement law, most misdemeanors, including gross misdemeanors, qualify if the individual completes the required waiting period after finishing their sentence (which includes probation, jail time, and payment of fines) and remains crime-free. The waiting periods are:

• Petty misdemeanor and standard misdemeanor: 2 years after completing the sentence.
• Gross misdemeanor: typically 3 years after completing the sentence.

Can a DWI Be Expunged in Minnesota?

Yes, DWI (also referred to as DUI) records can be expunged in Minnesota. Eligibility, however, depends on the level of the DWI offense and specific requirements outlined in Minnesota’s DWI statutes and expungement laws. The conditions for DWI expungement include:

• A record of DWI arrests or charges that do not result in convictions can be expunged after one year if there are no subsequent offenses.
• A felony conviction of DWI cannot be expunged.
• Gross misdemeanor DWIs are eligible for expungement after 4 years, and if there are no offenses committed within this period
• Misdemeanor or petty misdemeanor DWI is eligible for expungement 2 years after disposition, and there are no subsequent crimes committed

It is important to note that expungement does not eliminate DWI records; it merely seals them from public view. DWI conviction records remain permanently stored in the official database and may be used to increase penalties in future sentencing.

What constitutes an Infraction in Minnesota?

Minnesota law does not use the term “infraction”. Instead, the closest equivalent is a petty misdemeanor. Under Minn. Stat. § 609.02, subd. 4a, a petty misdemeanor is the lowest-level offense and is specifically defined as non-criminal since it does not carry the possibility of jail time. The only penalty is a fine of up to $300. Common examples include:

• Speeding or other minor traffic violations.
• Parking violations.
• Littering.
• Minor ordinance violations (such as noise violations).

Although a petty misdemeanor is not classified as a crime in Minnesota, it may still create a public record that appears on background checks unless it is expunged.

What are some examples of traffic infractions in Minnesota?

In Minnesota, most minor traffic violations are treated as petty misdemeanors, which serve as the state’s equivalent of non-criminal infractions. They are punishable only by a fine (no jail).

Common examples of traffic infractions (Petty Misdemeanors) in Minnesota:

• Speeding a few miles over the limit
• Failure to wear a seat belt
• Violation of the speed limit
• Running a red light
• Littering on a highway
• Violating phone use prohibitions
• Parking violations
• Failure to properly use a child safety restraint system.
• Improper turn or lane change
• Equipment violations (such as a broken headlight or taillight).

A traffic infraction (petty misdemeanor) can be upgraded to a misdemeanor (a criminal offense carrying potential jail time) if:

• The violation posed a risk of harm to people or property, such as careless driving.
• The driver has multiple traffic-related petty misdemeanor convictions within a short period, typically two or more in 12 months.

Can Traffic Infractions be Expunged from a Minnesota Criminal Court Record?

Yes, petty misdemeanor traffic infractions are generally eligible for expungement from a Minnesota criminal court record. Under Minnesota Statutes Chapter 609A, a person usually qualifies for expungement if:

• They have completed all terms of their sentence, including fines and probation.
• They have waited at least two years after completing the sentence.
• They have remained crime-free during the waiting period.

To initiate expungement, an individual is required to file a petition with the court. The court evaluates the request and determines whether to grant expungement based on factors such as:

• The seriousness of the offense
• The time elapsed since it occurred
• The person’s conduct since then.

Although a judge can order the court record of a petty misdemeanor traffic infraction to be sealed, they generally cannot expunge the official Minnesota driving record maintained by the Department of Public Safety’s Driver and Vehicle Services (DVS).

What is Deferred Adjudication in Minnesota?

Minnesota does not use the term “deferred adjudication”, but similar processes exist under the names “stay of adjudication” and “deferred prosecution”.A stay of adjudication allows a court to withhold a conviction and place a defendant on probation; if the defendant completes probation successfully, the charges may be dismissed, avoiding a formal conviction (Minnesota Statutes § 609.095).

Eligibility for a stay of adjudication in Minnesota generally depends on:

• Being a first-time or youthful offender with no prior criminal convictions.
• The offense is a misdemeanor or gross misdemeanor (low-level or non-violent offenses).
• Prosecutor approval, often obtained as part of a plea agreement.
• Full compliance with all court-imposed probation conditions.
• No prior participation in a diversion program.

Under Minnesota Statutes § 152.18, first-time drug offenders may also be granted deferred prosecution, which places them on probation without entering a conviction. If they successfully complete probation, the charges can be dismissed, as long as they have no prior felony convictions or previous diversion participation. This option mainly applies to low-level, non-violent felony drug possession offenses, such as 5th-degree controlled substance possession.

Felony stays of adjudication are uncommon and typically require exceptional circumstances or prosecutor consent. Individuals who complete a stay of adjudication may qualify for expungement under Minnesota Statutes § 609A.02, as long as they meet specific requirements, such as remaining free of new criminal charges for a set period.

Types of Crimes Eligible for Deferred Adjudication in Minnesota

In Minnesota, deferred adjudication takes the form of a stay of adjudication or deferred prosecution. The most straightforward eligibility applies to certain first-time drug offenders under Minnesota Statute § 152.18. If they meet the strict criteria for a first-time offense, the court is required to grant deferred prosecution, regardless of the prosecutor’s stance. This usually covers lower-level drug possession charges, such as:

• Felony 3rd Degree Controlled Substance Possession (Minn. Stat. § 152.023, Subd. 2)
• Felony 4th Degree Controlled Substance Possession (Minn. Stat. § 152.024, Subd. 2)
• Felony 5th Degree Controlled Substance Possession (Minn. Stat. § 152.025, Subd. 2)
• Certain other specified low-level possession crimes under § 152.027.

For most other offenses, a Stay of Adjudication is a negotiated resolution. Courts generally cannot impose it without the prosecutor’s consent, so eligibility depends on the case details, the defendant’s history, and the prosecutor’s agreement. Stays of Adjudication are most often granted for less serious offenses, such as:

• Theft involving lower amounts
• Disorderly conduct
• Petty misdemeanor traffic violations
• Various gross misdemeanors (punishable by up to one year in jail).