2006 Minnesota Statutes

609.3751 DISCHARGE AND DISMISSAL.
    Subdivision 1. Applicability. A person is eligible for a discharge and dismissal under this
section, if the person:
(1) has not been previously convicted of a felony under the laws of this state or elsewhere;
(2) has not been previously convicted of a violation of section 609.375 or of a similar offense
in this state or elsewhere;
(3) has not previously participated in or completed a diversion program relating to a charge
of violating section 609.375; and
(4) has not previously been placed on probation without a judgment of guilty for violation
of section 609.375.
    Subd. 2. Procedure. For a person eligible under subdivision 1 who is charged with violating
section 609.375, the court may after trial or upon a plea of guilty, 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. At a minimum, the conditions must require
the defendant to:
(1) provide the public authority responsible for child support enforcement with an affidavit
attesting to the defendant's present address, occupation, employer, current income, assets, and
account information, as defined in section 13B.06; and
(2) execute a written payment agreement regarding both current support and arrearages
that is approved by the court.
In determining whether to approve a payment agreement under clause (2), the court shall
apply the provisions of chapter 518A consistent with the obligor's ability to pay.
    Subd. 3. Violation. Upon violation of a condition of the probation, including a failure to
comply with the written payment agreement approved by the court under subdivision 2, clause
(2), the court may enter an adjudication of guilt and proceed as otherwise provided in law.
    Subd. 4. Early dismissal. 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 but may do so only if the full amount of any arrearages
has been brought current.
    Subd. 5. Dismissal; record. (a) For purposes of this subdivision, "not public" has the
meaning given in section 13.02, subdivision 8a.
(b) 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 section to the
bureau which shall make and maintain the not public record of it as provided under this section.
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.
History: 2001 c 158 s 12; 2005 c 164 s 29; 1Sp2005 c 7 s 28