What is a Stay of Imposition with an Order to Vacate and Dismiss?

A "Stay of Imposition with an Order to Vacate and Dismiss" under Minnesota law is a disposition in a criminal case that results in a suspension of the imposition of a sentence. In other words, the criminal defendant will not immediately serve their sentence, but it will be held over their head, subject to being imposed if the defendant violates certain conditions set by the court.

An "Order to Vacate and Dismiss" is a court order that dismisses the criminal charges against them. This means that if the defendant complies with the conditions set by the court, including vacating the specified location, the charges will be dismissed. Dismissal of a charge or conviction is different from an expungement. Dismissal does not mean that there is no criminal record.

In Minnesota, a stay of imposition is typically utilized in cases involving low-level or first-time offenses, but the effect of a stay of imposition is more beneficial when utilized in felony dispositions. A stay of imposition of sentence following a felony conviction under Minnesota law reduces the crime of conviction to a misdemeanor upon successful completion of, and discharge from, probation. While on probation, the court may impose conditions such as community service, local workhouse/jail time, house arrest, counseling, and may also require the defendant to vacate a specific location as a condition of the stay.

It's important to note that a stay of imposition is not the same as a dismissal or an acquittal. The sentence remains suspended and could be imposed if the defendant violates the conditions set by the court. The purpose of a stay of imposition is to give the defendant the opportunity to demonstrate their ability to comply with the conditions set by the court and avoid serving a sentence.