Is a Petty Misdemeanor a Crime?

A petty misdemeanor is not considered a crime under Minnesota law. The statute defining offense levels says so directly: a “petty misdemeanor” is “a petty offense which is prohibited by statute, which does not constitute a crime and for which a sentence of a fine of not more than $300 may be imposed.” Minn. Stat. § 609.02, subd. 4a (available at https://www.revisor.mn.gov/statutes/cite/609.02). A second controlling authority confirms the same point: under the Minnesota Rules of Criminal Procedure, “[a] petty misdemeanor is not considered a crime.” Minn. R. Crim. P. 23.06 (available at https://www.revisor.mn.gov/court_rules/cr/id/23/).

Why is a petty misdemeanor not a crime?

The reason is not that the offense is “not very serious.” It is that a petty misdemeanor carries no possibility of jail. Minnesota law defines a “crime” as “conduct which is prohibited by statute and for which the actor may be sentenced to imprisonment, with or without a fine.” A petty misdemeanor, by contrast, is punishable only by a fine of not more than $300, with no possibility of incarceration. Because no jail sentence may be imposed, a petty misdemeanor falls outside the statutory definition of a crime. Minn. Stat. § 609.02, subds. 1, 4a (available at https://www.revisor.mn.gov/statutes/cite/609.02). This distinguishes a petty misdemeanor from misdemeanors, gross misdemeanors, and felonies, all of which are crimes under subdivision 1.

Does a petty misdemeanor go on your record?

Because a petty misdemeanor “does not constitute a crime,” it does not produce a criminal conviction in the way a misdemeanor, gross misdemeanor, or felony does. Minn. Stat. § 609.02, subd. 4a (available at https://www.revisor.mn.gov/statutes/cite/609.02). The Minnesota Rules of Criminal Procedure confirm the same point: “[a] petty misdemeanor is not considered a crime.” Minn. R. Crim. P. 23.06 (available at https://www.revisor.mn.gov/court_rules/cr/id/23/).

Even so, the underlying court case still exists as a public record. The Minnesota Judicial Branch explains that, although a petty misdemeanor is not a crime, “such cases will still show on your case history,” because the Judicial Branch “case record system groups criminal, traffic, and petty misdemeanor cases together,” so your court-record case history from the District Court includes these cases. Minnesota Judicial Branch, Criminal Expungement FAQs. The practical upshot: a petty misdemeanor is a matter of public court record even though it is not a criminal conviction.

For that reason, a petty misdemeanor typically surfaces on court-record-based checks rather than on a criminal-history check. It appears in your court case history through Minnesota Court Records Online and commercial screens that draw on public district court records, again because the Judicial Branch groups criminal, traffic, and petty misdemeanor cases together in its case-record system. Minnesota Judicial Branch, Criminal Expungement FAQs.

Two recent developments affect how a petty misdemeanor surfaces and how long it stays visible:

  • Cannabis expungement. Minnesota’s cannabis-record expungement statute directs the Bureau of Criminal Apprehension (BCA) to “grant expungement relief to each qualifying person whose records the bureau possesses and seal the bureau’s records without requiring an application, petition, or motion,” and provides that, “[u]pon receiving notice of an expungement, the judicial branch shall seal all related records.” So nonfelony cannabis records held by the BCA are sealed automatically, with no application required, and the corresponding district court records are sealed separately by the judicial branch. Minn. Stat. § 609A.055 (available at https://www.revisor.mn.gov/statutes/cite/609A.055).
  • Clean Slate / automatic expungement. Minnesota’s Clean Slate framework provides for automatic sealing or expungement of certain eligible records, expressly including petty misdemeanors, after applicable waiting periods (for a petty misdemeanor, two years since discharge of the sentence). This affects how long an unexpunged petty misdemeanor remains visible, but it does not change that an unexpunged petty misdemeanor appears on the public court record. Minn. Stat. § 609A.015 (available at https://www.revisor.mn.gov/statutes/cite/609A.015).

Pay close attention to the exact wording of the question. If an application asks whether you have been convicted of a crime, you can honestly and correctly omit a petty misdemeanor, because under Minnesota law a petty misdemeanor by definition “does not constitute a crime.” A petty misdemeanor is a fine-only petty offense (maximum $300), while a “crime” is conduct for which the actor “may be sentenced to imprisonment.” Minn. Stat. § 609.02, subds. 1, 4a (available at https://www.revisor.mn.gov/statutes/cite/609.02).

This carve-out depends on the precise language used. It applies when the form asks about a “crime” (or a felony, gross misdemeanor, or misdemeanor, all of which are crimes), but not when the form asks more broadly about “any offense,” “any violation,” or whether you have ever been cited or charged. If the application specifically asks you to include a petty misdemeanor, answer that question accurately and include it. The ramifications of being caught lying are far more severe than the risk of not being hired for admitting the truth, and a simple explanation of the context will often satisfy a potential employer.

Are most employment applications seeking this information in the first place?

For most positions, a Minnesota employer may not ask about criminal history on the application itself. Under Minnesota’s “ban-the-box” law, “[a] public or private employer may not inquire into or consider or require disclosure of the criminal record or criminal history of an applicant for employment until the applicant has been selected for an interview by the employer or, if there is not an interview, before a conditional offer of employment is made to the applicant.” Minn. Stat. § 364.021(a) (available at https://www.revisor.mn.gov/statutes/cite/364.021). The expansion of this restriction to private employers took effect January 1, 2014. 2013 Minn. Laws ch. 61, §§ 3, 7 (available at https://www.revisor.mn.gov/laws/2013/0/Session+Law/Chapter/61/).

So a criminal-history question generally arises only after you have been selected for an interview or, if there is no interview, after a conditional offer, not on the application itself. A few exceptions remain. The law does not apply to the Department of Corrections or to employers who have a statutory duty to run a criminal background check (for example, certain childcare, healthcare, and financial positions); those employers may ask earlier. And an employer may still notify applicants that a particular criminal history will disqualify them from particular positions. Minn. Stat. § 364.021(b)-(c) (available at https://www.revisor.mn.gov/statutes/cite/364.021). When the question does arrive, its language still varies: some forms ask only about felony convictions, and some ask whether you have ever been convicted of a crime.

Are there any ethical considerations when withholding petty misdemeanors from an employment application?

Minnesota law does not consider a petty misdemeanor to be a crime because it carries no possible jail sentence, not because it is “not very serious.” Minn. Stat. § 609.02, subds. 1, 4a (available at https://www.revisor.mn.gov/statutes/cite/609.02). Employers are generally aware of this law, and many have consulted attorneys when drafting their applications. If an employer wanted to know about petty misdemeanor convictions, it would ask for them specifically. You are not ethically bound to disclose a petty misdemeanor on an employment application that asks only whether you have been convicted of a crime. Answer the question that is actually asked, accurately.