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    Subdivision 1. Deferring prosecution for certain first time drug offenders. If any
person who has not previously participated in or completed a diversion program authorized
under section 401.065 or who has not previously been placed on probation without a judgment
of guilty and thereafter been discharged from probation under this section is found guilty of a
violation of section 152.024, subdivision 2, 152.025, subdivision 2, or 152.027, subdivision 2, 3,
or 4, for possession of a controlled substance, after trial or upon a plea of guilty, and the court
determines that the violation does not qualify as a subsequent controlled substance conviction
under section 152.01, subdivision 16a, the court may, without entering a judgment of guilty and
with the consent of the person, defer further proceedings and place the person on probation
upon such reasonable conditions as it may require and for a period, not to exceed the maximum
sentence provided for the violation. The court may give the person the opportunity to attend and
participate in an appropriate program of education regarding the nature and effects of alcohol
and drug abuse as a stipulation of probation. Upon violation of a condition of the probation, the
court may enter an adjudication of guilt and proceed as otherwise provided. The court may, in its
discretion, dismiss the proceedings against the person and discharge the person from probation
before the expiration of the maximum period prescribed for the person's probation. If during the
period of probation the person does not violate any of the conditions of the probation, then upon
expiration of the period the court shall discharge the person and dismiss the proceedings against
that person. Discharge and dismissal under this subdivision shall be without court adjudication
of guilt, but a not public record of it shall be retained by the Bureau of Criminal Apprehension
for the purpose of use by the courts in determining the merits of subsequent proceedings against
the person. The not public record may also be opened only upon court order for purposes of a
criminal investigation, prosecution, or sentencing. Upon request by law enforcement, prosecution,
or corrections authorities, the bureau shall notify the requesting party of the existence of the not
public record and the right to seek a court order to open it pursuant to this section. The court shall
forward a record of any discharge and dismissal under this subdivision to the bureau which shall
make and maintain the not public record of it as provided under this subdivision. The discharge
or dismissal shall not be deemed a conviction for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime or for any other purpose.
For purposes of this subdivision, "not public" has the meaning given in section 13.02,
subdivision 8a
    Subd. 2.[Repealed, 1996 c 408 art 9 s 10]
    Subd. 3. Expungement of certain marijuana offenses. Any person who has been found
guilty of a violation of section 152.09 with respect to a small amount of marijuana which violation
occurred prior to April 11, 1976, and whose conviction would have been a petty misdemeanor
under the provisions of section 152.15, subdivision 2, clause (5) in effect on April 11, 1978,
but whose conviction was for an offense more serious than a petty misdemeanor under laws
in effect prior to April 11, 1976, may petition the court in which the person was convicted to
expunge from all official records, other than the nonpublic record retained by the Department of
Public Safety pursuant to section 152.15, subdivision 2, clause (5), all recordation relating to the
person's arrest, indictment or information, trial and conviction of an offense more serious than
a petty misdemeanor. The court, upon being satisfied that a small amount was involved in the
conviction, shall order all the recordation expunged. No person as to whom an order has been
entered pursuant to this subdivision shall be held thereafter under any provision of any law to be
guilty of perjury or otherwise giving a false statement by reason of the person's failure to recite or
acknowledge conviction of an offense greater than a petty misdemeanor, unless possession of
marijuana is material to a proceeding.
History: 1971 c 937 s 18; 1973 c 693 s 14; 1978 c 639 s 1; 1986 c 444; 1989 c 290 art 3 s
21; 1992 c 569 s 13; 1993 c 326 art 13 s 11; 1995 c 226 art 2 s 2; 1996 c 408 art 9 s 2

Official Publication of the State of Minnesota
Revisor of Statutes