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Penalty tiers:
- Whoever commits theft where the value of the property or services stolen is more than $500 but not more than $1,000 may be sentenced to imprisonment for not more than 364 days or to payment of a fine of not more than $3,000, or both.
- Whoever commits theft where the value of the property or services stolen is more than $1,000 but not more than $5,000 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
- Whoever commits theft where the value of the property or services stolen exceeds $5,000 may be sentenced to imprisonment for not more than ten years or to payment of a fine of not more than $20,000, or both.
- Whoever commits theft where the property is a firearm, or the value of the property or services stolen is more than $35,000 and the conviction is for a violation of subdivision 2, clause (3), (4), (15), (16), or (19), may be sentenced to imprisonment for not more than 20 years or to payment of a fine of not more than $100,000, or both.
When the charge level rises
Under Minn. Stat. § 609.52, subd. 3, cl. (3)(c), the value of property or services stolen is more than $500 but not more than $1,000 and the person has been convicted within the preceding five years for a qualifying prior offense may result in a sentence of imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both.
Under Minn. Stat. § 609.52, subd. 3, cl. (3)(d), theft of property not more than $1,000 may be sentenced to imprisonment for not more than five years or to payment of a fine of not more than $10,000, or both, when the property is taken from the person of another, is a record of a court or officer, is taken from a burning or abandoned building, consists of public funds, or is a motor vehicle.
Under Minn. Stat. § 609.52, subd. 3a(a), if a violation of the theft section creates a reasonably foreseeable risk of bodily harm to another, and the penalty would otherwise be a misdemeanor or a gross misdemeanor, the person is guilty of a felony and may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.
Source: Minn. Stat. § 609.52, subds. 3 and 3a
How a theft conviction appears on your record
Criminal history data maintained by agencies, political subdivisions, and statewide systems are classified as private, pursuant to section 13.02, subdivision 12, except for the conviction data described as public in subdivision 1(b).
The Bureau of Criminal Apprehension shall establish and maintain an Internet website containing public criminal history data, and a person who intends to access the website to obtain information regarding an applicant for employment, housing, or credit must disclose to the applicant the intention to do so.
Sealing a Minnesota theft conviction: who qualifies
Under Minn. Stat. § 609A.02, subd. 3(a)(1), a petition may be filed to seal all records relating to an arrest, indictment or information, trial, or verdict if all pending actions or proceedings were resolved in favor of the petitioner.
Under Minn. Stat. § 609A.02, subd. 3(a)(2), a petition may be filed to seal all records where the petitioner has successfully completed the terms of a diversion program or stay of adjudication and has not been charged with a new crime for at least one year since completion of the diversion program or stay of adjudication.
- Under Minn. Stat. § 609A.02, subd. 3(a)(3), a petition may be filed to seal all records relating to an arrest, indictment or information, trial, or verdict where the petitioner was convicted of a petty misdemeanor or misdemeanor and has not been convicted of a new crime for at least two years since discharge of the sentence for the crime.
- Under Minn. Stat. § 609A.02, subd. 3(a)(4), a petition may be filed to seal all records where the petitioner was convicted of a gross misdemeanor and has not been convicted of a new crime for at least three years since discharge of the sentence for the crime.
- Under Minn. Stat. § 609A.02, subd. 3(a)(8) and (b)(20), a petition may be filed to seal records where the petitioner was convicted of a felony violation of section 609.52, subdivision 2, when sentenced pursuant to section 609.52, subdivision 3, clause (3)(a) (theft of $5,000 or less) or 609.52, subdivision 3a, paragraph (a), clause (1), and has not been convicted of a new crime for at least four years since discharge of the sentence.
Under Minn. Stat. § 609A.02, subd. 4, records of a conviction of an offense for which registration is required under section 243.166 may not be expunged.
Source: Minn. Stat. § 609A.02
How a court decides whether to grant expungement
Expungement of a criminal record under Minn. Stat. § 609A.03 is an extraordinary remedy to be granted only upon clear and convincing evidence that it would yield a benefit to the petitioner commensurate with the disadvantages to the public and public safety of sealing the record and burdening the court and public authorities to issue, enforce, and monitor an expungement order.
A hearing on a petition for expungement shall be held no sooner than 60 days after service of the petition, and a victim of the offense has a right to submit an oral or written statement to the court at the time of the hearing describing the harm suffered and the victim’s recommendation on whether expungement should be granted or denied.
An expunged record of a conviction may be opened for purposes of evaluating a prospective employee in a criminal justice agency without a court order.
An expungement order issued under Minn. Stat. § 609A.03 shall be stayed automatically for 60 days after the order is filed and, if the order is appealed, during the appeal period, and a person or agency or jurisdiction whose records would be affected by the order may appeal the order within 60 days of service of notice of filing of the order.
Source: Minn. Stat. § 609A.03
Questions people ask about Minnesota theft charges
What is the penalty for theft under $500 in Minnesota?
Whoever commits theft where the value of the property or services stolen is $500 or less may be sentenced to imprisonment for not more than 90 days or to payment of a fine of not more than $1,000, or both.
How long does a theft conviction stay public in Minnesota?
Criminal history data created, collected, or maintained by the Bureau of Criminal Apprehension that identify an individual who was convicted of a crime, the offense of which the individual was convicted, associated court disposition and sentence information, controlling agency, and confinement information are public data for 15 years following the discharge of the sentence imposed for the offense.
What does expungement actually do to the record?
Chapter 609A provides the grounds and procedures for expungement of criminal records, and the remedy available is limited to a court order sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority; nothing in the chapter authorizes the destruction of records or their return to the subject of the records.
Can an expunged theft record be used against me later?
Notwithstanding the issuance of an expungement order, an expunged record may be opened, used, or exchanged between criminal justice agencies without a court order for the purposes of initiating, furthering, or completing a criminal investigation or prosecution or for sentencing purposes or providing probation or other correctional services.
What does a judge look at when deciding whether to grant expungement?
Under Minn. Stat. § 609A.03, subd. 5(c), in making a determination on an expungement petition, the court shall consider factors including the nature and severity of the underlying crime, the risk the petitioner poses to individuals or society, the length of time since the crime occurred, the steps taken by the petitioner toward rehabilitation, and the petitioner’s criminal record.
Talk with Martine Law about theft charges
Acting early gives an attorney the most options. Martine Law handles theft cases across Minnesota.
Call for a free, confidential consultation, or fill out the contact form on this page with your name, phone number, and a short description of your situation, and we will follow up promptly.
