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Some Minnesota felony convictions can be deemed misdemeanors under section 609.13, but not every probationary sentence has that effect. The sentencing order, type of stay and final discharge matter. Reduction and expungement are different issues.
What does section 609.13 provide?
Section 609.13, subdivision 1 describes two paths: a felony conviction is deemed a misdemeanor or gross misdemeanor when the imposed sentence falls within that offense level’s lawful limits; or it is deemed a misdemeanor when imposition of the prison sentence is stayed, the person is placed on probation and later discharged without a prison sentence.
This does not mean every person charged with a felony qualifies for a particular sentence. Section 609.135 governs stays and conditions, including statutory restrictions. Counsel must also evaluate the applicable sentencing guidelines and offense-specific rules.
Stay of imposition versus stay of execution
A stay of imposition postpones imposing the prison sentence. A stay of execution pronounces a sentence but postpones carrying it out. Completing probation under a stay of execution does not by itself turn a felony into a misdemeanor.
The Minnesota Sentencing Guidelines and Commentary explain this distinction and note that a conviction deemed a misdemeanor after a stay of imposition may still count in criminal history. The applicable guidelines depend on the offense date. Do not rely solely on the word “probation” in an informal description of your case.
Reduction does not automatically seal the record
Expungement concerns access to records. It is a separate analysis under Minnesota’s expungement laws, including section 609A.02. A change in conviction level does not itself establish that the record is sealed or that every consequence has ended.
Ask counsel to review any employment, professional-license or firearm question separately. Do not assume that a misdemeanor designation answers every state or federal eligibility question.
Practical steps for reviewing your options
- Collect the actual orders. Obtain the complaint, plea documents, sentencing order and any probation discharge or violation orders.
- Identify the sentence. Ask whether the court stayed imposition or execution, what sentence was imposed and whether a later order changed it.
- Document compliance. Keep records of completed requirements and payments. Follow existing conditions until the court changes or ends them.
- Clarify the requested result. A lower-level plea, sentencing request, correction of record information and expungement are not interchangeable.
- Review the full history. Give counsel complete information about other cases and the particular background-check or eligibility concern you want addressed.
Frequently asked questions
Does finishing felony probation always produce a misdemeanor?
No. The type of sentence and discharge are essential. Have counsel read the orders rather than assuming all probationary outcomes work alike.
Does reduction mean the charge was dismissed?
No. A conviction deemed a misdemeanor is still a conviction. Dismissal and record sealing are distinct outcomes.
Can a lawyer guarantee a stay of imposition?
No. Availability and the court’s decision depend on the governing law and case. A clean record or strong employment history is not a guarantee.
Should I begin treatment to improve my chances?
Follow existing court requirements. Discuss additional assessments or programs with counsel so they fit your circumstances; do not assume a program purchases a particular sentence.
Discuss your Minnesota sentencing or record questions
Contact Martine Law about a case in Minneapolis, St. Paul or surrounding Minnesota communities. Initial intake may be handled by a Director of Client Engagement (non-attorney); legal advice comes from an attorney. Ask about fees, scope and which documents are needed for review.
Related reading: issues that may support dismissal and bail and release conditions.
