Court Process
What Is a Stay of Imposition?
A stay of imposition is a Minnesota felony disposition where you are convicted, but the court holds off on imposing a sentence and places you on probation. If you complete probation successfully, the felony is deemed a misdemeanor on your record. It is different from a stay of adjudication, which avoids a conviction entirely.
Sentencing structure
In a stay of imposition, there IS a conviction - this is the key difference from a stay of adjudication. But the court does not impose the actual sentence. Instead, it stays imposition and places you on probation. The benefit comes at the end: on successful completion of probation, a felony conviction is deemed a misdemeanor.
So the structure is: convicted now, sentence held back, and a reduction in the conviction's severity if you succeed on probation. For the right felony case, turning a felony into a misdemeanor on the record is a significant benefit.
Probation conditions
As with other stays, probation comes with conditions tailored to the case - remaining law-abiding, programming or treatment, restitution, community work service, and compliance with any orders. The probation term sets how long those conditions last.
Meeting the conditions is what unlocks the benefit. The court is essentially holding the more serious outcome in reserve while you demonstrate compliance.
Gross misdemeanor reduction issues
The headline benefit of a stay of imposition is the deemed-misdemeanor result on a felony case. That can matter a great deal for things tied to felony status - certain rights, employment screening, and more.
It is worth being precise about what it does and does not do. Under Minn. Stat. section 609.13, subd. 1(2), once you are discharged from probation without a prison sentence having been imposed, the felony conviction is deemed to be for a misdemeanor. But the reduction is for limited purposes - it does not make the case disappear, a conviction still exists, and importantly it does not restore firearm rights and the record is still treated as a felony for expungement purposes (the Minnesota Supreme Court has held, in effect, once a felony, always a felony for expungement). The sentence imposed - not the original charge - is what determines the conviction level.
Risks of violation
Because there is already a conviction and a stayed sentence, a probation violation carries real risk: the court can revoke the stay and impose the sentence that was held back. That is the downside to weigh against the benefit.
Whether a stay of imposition, a stay of adjudication, or some other resolution is the right goal depends on the charge, your record, and the prosecutor's position. This is general information, not legal advice about any specific case.
Questions people ask about what is a stay of imposition?
Is a stay of imposition a conviction?
Yes. Unlike a stay of adjudication, a stay of imposition includes a conviction. The court holds off on imposing the sentence, and on successful completion of probation the felony is deemed a misdemeanor on the record.
What's the difference between a stay of imposition and a stay of adjudication?
A stay of adjudication avoids a conviction entirely if completed successfully. A stay of imposition includes a conviction but can reduce a felony to a misdemeanor on the record after successful probation.
What happens if I violate probation on a stay of imposition?
The court can revoke the stay and impose the sentence that was previously held back. Because a conviction already exists, the exposure on a violation is significant.
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Read the guideThe information on this article is for general informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship.