St. Joseph, MN asked in Criminal Law for Minnesota

Q: Job application question. crime for a sale of cigarettes to a minor in Minnesota that was deemed as a petty misdemeanor

Currently applying to a few jobs and if the question arises on a an application for if you have ever committed a crime does this count? I was hit by a sting operation years ago. The conviction was a petty misdemeanor which is also considered not a crime in Minnesota, and does this also show on background checks?

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1 Lawyer Answer
Thomas C Gallagher
Thomas C Gallagher
Answered
  • Criminal Law Lawyer
  • Minneapolis, MN
  • Licensed in Minnesota

A: Under the Minnesota Court Rules of Criminal Procedure, Rule 23.02, "Certification as Petty Misdemeanor by Sentence Imposed," "A conviction is deemed a petty misdemeanor if the sentence imposed is within petty misdemeanor limits."

If a person was charged with a misdemeanor crime, then was convicted with a sentence imposed within petty misdemeanor limits, then that is not a criminal conviction. Rather, it is a petty misdemeanor conviction.

As for background checks, it would depend upon which government records are checked.

It would be on the public court record. But probably not on the public NCIC record. You could check those records (and others) yourself to see which show it.

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