Minnesota Misdemeanors

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Table of Contents

A misdemeanor is a criminal offense less serious than a felony and more serious than a civil infraction. Each state draws these lines differently. Minnesota sorts offenses into petty misdemeanors (not crimes), misdemeanors, gross misdemeanors, and felonies, with penalties set by statute.

What Is a Misdemeanor in Minnesota?

Minnesota law defines a misdemeanor as a crime punishable by up to 90 days in jail and/or a fine of up to $1,000. A felony is a crime punishable by a term of imprisonment of one year or more. A petty misdemeanor is not a crime; it is a fine-only offense with a maximum penalty of $300.

Typical misdemeanor examples include lower-level theft, fifth-degree assault (depending on circumstances), disorderly conduct, and fourth-degree DWI.

Misdemeanor Classes and Penalties in Minnesota

Minnesota does not use lettered “Class A/B/C” categories. Instead, it sets penalties by statute:

  • Petty misdemeanors carry a fine of up to $300.
  • Misdemeanors:Penalties include jail time of less than 90 days and a maximum fine of $1,000.
  • Gross misdemeanors: They carry penalties including jail time of less than 364 days and a maximum fine of $3,000.

Courts may also impose probation, restitution, treatment/education (alcohol education in DWI cases), or community service.. Any custodial time for misdemeanors is served in local correctional facilities (county jails), not in state prisons.

Misdemeanor Court Process in Minnesota

All adult criminal cases (including petty misdemeanors, misdemeanors, and gross misdemeanors) are prosecuted in Minnesota District Courts.

From stop to sentencing, the typical path for the court process includes:

  • Citation or complaint/arrest. Many misdemeanors begin with a citation, an arrest, or a criminal complaint.
  • First appearance/arraignment. The judge advises the defendant of their rights, sets conditions of release, and schedules future dates. Indigent defendants charged with misdemeanors have a statutory right to a public defender.
  • Pre-trial & omnibus. Discovery, motion practice, and plea talks occur in this scenario. A pre-trial hearing in felony and gross misdemeanor cases addresses legal issues such as probable cause and evidentiary matters.
  • Trial. If the counsels reach no plea, the case proceeds to a jury trial for any offense punishable by incarceration or a bench trial. All trials occur in the District Court.
  • Sentencing. The judge imposes authorized penalties (a fine, jail in the county jail, probation, and conditions). DWI statutes include additional mandatory elements and license-related consequences.

Misdemeanor Records in Major Minnesota Cities

In Minnesota, individuals may access misdemeanor records in some major cities, such as:

How to Search for Misdemeanor Records in Minnesota

Court records are publicly accessible in Minnesota. Certain categories, such as juvenile matters, protection order records before service, and other specially protected records, are restricted under the Rules of Public Access. When individuals search for court records, they may find party names, case numbers, the Register of Actions, charges with statute citations, hearings, dispositions, and monetary judgments. They may access the court records at

  • Trial Court Portal. The Minnesota Judicial Branch provides a statewide portal, Minnesota Court Records Online (MCRO), for public District Court case information and many documents. Individuals may search the portal by name, case number, citation number, or attorney.
  • Court Clerk. If a record or document is not online, individuals may contact the district court clerk where the case was filed. Clerks can provide certified or plain copies and explain fees and mail-in procedures to record seekers.
  • Public Computer Terminals. Some information may also be viewed at courthouse terminals.
  • Criminal history. The Bureau of Criminal Apprehension (BCA) maintains a database for all criminal records in Minnesota. For statewide criminal history, including misdemeanor records, individuals may use the BCA Public Criminal History Search.

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

Unless an individual seeks relief, misdemeanor convictions remain public on their record. Minnesota provides both automatic expungement (sealing) for many offenses and traditional petition-based expungement.

Automatic expungement (Clean Slate). Under Section 609A.015 of the Minnesota Statutes, eligible petty misdemeanors, misdemeanors, and many gross misdemeanors are automatically sealed after a waiting period. Although the individual must remain free from any other conviction (other than petty misdemeanors), the offense is not listed on the statute’s exclusion lists.

The statute defines the waiting periods as:

  • Two years after discharge for petty misdemeanors and misdemeanors
  • Three years for gross misdemeanors
  • Four years for felony fifth-degree drug possession

The Bureau of Criminal Apprehension (BCA) identifies eligible records and directs the sealing process. The judicial branch may then seal the court files.

Petition-based expungement. For records that are not eligible for automatic sealing, individuals may petition the district court under Section 609A.03 of the Minnesota Statutes.

Although expungement seals records from public view and background checks, it does not erase them. Law enforcement and certain agencies may still access these sealed records.