Felony Charge Dropped to Misdemeanor; Does It Still Show on a Background Check

[buzzyjr]

My question involves criminal records for the state of: Minnesota

My girlfriend and her ex-husband use to own a sole-proprietor business together many years ago. When a client backed out of a job they had already started, the husband removed the money from the account that they had set up for that job without telling her. She had already written checks out to the vendors for the materials they needed, and they of course ended up bouncing. Because she was the person who signed the checks; she was convicted with a felony - issuing dishonored checks. Which was later dropped to a misdemeanor.

She has been having a hard time getting employment since. Does it still show that it was a felony on background checks, or as a misdemeanor? Would she be able to have it sealed or expunged? Would that make any difference with a background check?

Thank you.

[cissycicle]

Was the conviction in Circuit Court or dropped into District Court? If it stayed in the Circuit, it is probably showing as a "high misdemeanor" with felony probation terms. I believe even if it is expunged, the record of the event still remains in the public records which, as we all know, can be found on most states web sites.

[Betty3]

Minnesota
A pardon will restore all legal disabilities and sets aside the conviction.

Minnesota allows all records relating to an arrest, indictment or information, trial, or verdict to be sealed so that they are inaccessible except by a court order.

*If your case is “expunged,” then a landlord, employer, or any other private citizen searching public records won’t be able to access it.*

[Betty3]

Minnesota Stat. Ann. 609A.01

The remedy available is limited to a court order sealing the records and prohibiting the disclosure of their existence or their opening except under court order or statutory authority. Nothing in this chapter authorizes the destruction of records or their return to the subject of the records.

Minnesota Stat. Ann. 609A.02

(1) A person may petition for the sealing of all arrest and criminal records upon the dismissal and discharge of proceedings for

(i) a 1st-time drug offense, (ii) 4th- or 5th-degree controlled substance crime, (iii) other controlled substance offenses.

(2) A person who has been adjudicated delinquent may petition for the sealing of a conviction record if the person:

(i) is finally discharged by the commissioner of corrections; or (ii) has been placed on probation by the court and has been discharged from probation after satisfactory fulfillment of it.

(3) A petition may be filed to seal all arrest and criminal records if all pending proceedings were resolved in favor of the petitioner. A verdict of not guilty by reason of mental illness is not a resolution in favor of the petitioner. (4) Records of a conviction of an offense may not be expunged where:

(i) the person was charged with or petitioned for a felony violation of or attempt to violate any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:

(a) murder, (b) kidnapping, (c) criminal sexual conduct, or (d) indecent exposure;

(ii)the person was charged with or petitioned for any of the following, and convicted of or adjudicated delinquent for that offense or another offense arising out of the same set of circumstances:

(a) falsely imprisoning a minor, (b) soliciting a minor to engage in prostitution, (c) soliciting a minor to engage in sexual conduct, (d) using a minor in a sexual performance, (e) possession of child pornography.