The Minnesota Supreme Court made a crucial decision that affected many people who wanted to clear their felony records. The case, State v. S.A.M., questioned whether a felony later changed to a misdemeanor after probation must be treated as a felony or a misdemeanor for expungement purposes. Learn all about the Minnesota Supreme Court expungement decision here.
The Minnesota Supreme Court decided that a felony, even if changed to a misdemeanor after probation, still counts as a felony for expungement. This means you can’t remove a felony from your record just because it was reduced. This ruling changes how people in MN can clear their records.
For more details about expungement in Minnesota, read on.
The Case Background
S.A.M. was convicted of second-degree burglary. In Minnesota, second-degree burglary is a felony. S.A.M., however, received a stay of imposition of sentence. What that means is the judge found him guilty and placed him on probation, but did not impose a sentence. Under Minnesota law, a defendant’s felony conviction is reduced to a misdemeanor after they complete probation — assuming they received a stay of imposition. For that reason, a stay of imposition is generally seen as an excellent deal.
If a defendant wishes to have a conviction sealed (a process known as “expungement”), they must fit into one of the specific statutes found in Minnesota Statutes section 609A. One category states that any misdemeanor conviction is eligible for expungement for two years following the discharge from probation. Another category states that you must wait five years for a felony, AND the felony needs to be one of the specifically listed felonies in the statute. In S.A.M.’s case, second-degree burglary was not one of the listed felonies. Therefore, he asked the court to view his conviction as a misdemeanor offense. After all, it had been reduced to a misdemeanor following his successful completion of probation. Unfortunately, that argument was not persuasive enough, and the Minnesota Supreme Court determined that his conviction must be treated as a felony for purposes of expungement.
Implications For Minnesotans
This decision is certainly a blow for Minnesotans who received a stay of imposition and wished to seal their records. It is possible that the legislature will address this issue in the future, but as of right now, a felony conviction is always a felony—at least in the expungement arena.
There is also the possibility that an individual may receive a more limited expungement, even if they are ineligible for a complete statutory expungement. In some circumstances, the court may use its own inherent authority to seal the records located within the courts themselves. This will not affect records held by any other government agencies (e.g. BCA, local police department, prosecutors, etc.). However, an inherent authority expungement provides other benefits.
FAQs
1. What Is Expungement?
Expungement is a legal process to remove or seal a criminal record so it no longer appears in public records. This helps people clear their past offenses from their records, making it easier to find jobs or housing. Expungement doesn’t erase the record completely but hides it from most public view.
2. Can A Reduced Felony Be Expunged?
No. A reduced felony cannot be entirely expunged. This is true even when a felony is lowered to a misdemeanor after probation. It will still count as a felony for expungement. This means you can’t completely remove it from your record under Minnesota law even with the reduction.
3. How Does This Decision Affect Me?
This decision means that if you have a felony conviction that was reduced to a misdemeanor after probation, it still counts as a felony for expungement. You can’t fully remove it from your record in Minnesota. This impacts how you can clear your criminal record, even if your conviction was reduced.
Conclusion
The Minnesota Supreme Court’s decision in State v. S.A.M. makes it clear that a felony conviction remains a felony for expungement purposes, even if reduced to a misdemeanor after probation. This decision impacts many Minnesotans seeking to seal their records.
When considering expungement or needing guidance, consulting with legal experts who can help you understand your options is a good idea. For further information, contact the attorneys at Leverson Budke, PLLC, to explore potential pathways for record sealing.
