Stay of Adjudication

A stay of adjudication is a powerful — and uniquely generous — resolution available in Minnesota criminal cases. Under it, a defendant pleads guilty (or is found guilty) but the court does not formally enter a conviction. Instead, the adjudication is stayed, meaning the court holds off on recording the conviction while placing the defendant on probation or other conditions. If the defendant successfully completes those conditions, the case is dismissed and no conviction ever appears on their record.

This is distinct from a suspended sentence or a stay of execution of sentence, where a conviction is entered but prison time is stayed. With a stay of adjudication, the conviction itself never happens if everything goes well. This makes it enormously valuable for defendants who would otherwise face consequences such as loss of a professional license, deportation risk, or firearms restrictions.

Not all charges are eligible for stays of adjudication in Minnesota. They are most commonly used for first-time offenders, drug possession charges, and lower-level felonies where rehabilitation is a realistic goal. Some charges — particularly certain sex offenses and crimes against children — are statutorily excluded.

A stay of adjudication is different from expungement, which seals an existing record. With a stay, no conviction is ever entered. Learn more about expungement at mncrime.com/learn/expungement. MN CRIME's CaseVault tool at mncrime.com/casevault can help you research how often stays of adjudication are granted for specific charge types in Minnesota.