How the Criminal History Score Works in Minnesota

Two Numbers Drive Felony Sentencing

Minnesota's Sentencing Guidelines use a grid. One axis is the severity level of the current offense; the other is your criminal history score. Where they intersect is the presumptive sentence — the recommended outcome the court starts from. The higher the history score, the more severe the presumptive sentence, often including the line between a presumptive stay (probation) and a presumptive commit (prison).

What this means for you: Your history score isn't a background detail — it's half of the sentencing equation. An error that inflates it can push a case from probation to prison.

What Goes Into the Score

The criminal history score is built from several components. In general terms, it can include:

• Prior felony points — assigned based on the severity of prior felony convictions, with more serious priors weighted more heavily;
• Custody status points — added if the offense was committed while on probation, parole, supervised release, or otherwise under correctional supervision;
• Misdemeanor and gross misdemeanor "units" — certain prior convictions accumulate toward a point;
• Juvenile history — certain prior juvenile adjudications can count, subject to limits.

Custody Status Is Easy to Overlook

One of the most consequential — and most frequently disputed — components is the custody status point, added when the new offense occurs while the person is under supervision. Whether that point applies, and exactly when supervision started or ended, can be litigated, and it can be the difference-maker in the presumptive sentence.

Why Accuracy Matters So Much

Criminal history scores are sometimes miscalculated — prior offenses misclassified, out-of-state or juvenile priors counted incorrectly, decayed offenses still included, or custody status misapplied. Because each point shifts the presumptive sentence, scrutinizing the worksheet is essential. A successful challenge to even one point can change everything about the recommended outcome.

What this means for you: The criminal history worksheet should be checked carefully, not accepted at face value. This is a place where careful defense work directly affects the sentence.

How the Score Connects to the Rest of Sentencing

The history score feeds the presumptive sentence on the Guidelines grid, which can then be the subject of an upward or downward departure. It also interacts with mandatory minimums and with whether the presumptive disposition is a stay or an executed prison term.