Ending Without A Conviction
Minn. Stat. 152.18 — a stay of adjudication for the listed drug possession offenses, required for one of them
May, and must. A court may defer prosecution for a person found guilty of the possession offenses the section lists who has had no earlier diversion or discharge under the section, and no felony drug conviction unless ten years have passed since discharge. For one possession offense the section names, it must, if the person also has no prior felony conviction or gross misdemeanor under that section.
Probation, then dismissal. The court, with the person's consent and without entering a judgment of guilty, places the person on probation for a period not to exceed the maximum sentence. If no condition is violated, the court discharges the person and dismisses the proceedings when the period ends, and may do so earlier.
A record kept. The discharge and dismissal is without court adjudication of guilt, but a not public record of it is retained by the Bureau of Criminal Apprehension.
Whether a person qualifies, what conditions a court sets, and whether the record can later be sealed are questions for a licensed Minnesota attorney. Sealing has its own page.
Sources for this section (1)
- Minn. Stat. 152.18 — Discharge and dismissal
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.