What Is a Gross Misdemeanor in Minnesota? Penalties and Record

A gross misdemeanor in Minnesota is a criminal offense that sits between a misdemeanor and a felony, punishable by up to 364 days in jail, a fine of up to $3,000, or both.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.0342 – Maximum Punishment for Gross Misdemeanors Common charges in this tier include second-degree DWI, domestic assault with a prior qualifying conviction, and theft of property worth between $500 and $1,000. A conviction follows you: it can cost firearm rights, complicate hiring, limit international travel, and stay on your record for years.

Where Gross Misdemeanors Fit in Minnesota’s Criminal Ladder

Minnesota defines a gross misdemeanor by what it is not. The statute treats any crime that is neither a felony nor a misdemeanor as a gross misdemeanor.2Minnesota Office of the Revisor of Statutes. Minnesota Code 609.02 – Definitions Most states only divide crimes into misdemeanors and felonies at the one-year line. Minnesota inserts a middle tier, and that tier is where a lot of serious-but-not-prison-level conduct lands.3Minnesota House Research Department. Criminal Offense Levels

The full ladder looks like this:

Why 364 Days and Not a Full Year

Older sources often describe gross misdemeanors as carrying a one-year maximum. Minnesota changed that in 2023. The current cap is 364 days, and the change is retroactive: any sentence of one year or 365 days imposed before July 1, 2023 is now treated as a 364-day sentence, and defendants can petition for a corrected sentencing order.1Minnesota Office of the Revisor of Statutes. Minnesota Code 609.0342 – Maximum Punishment for Gross Misdemeanors

The single day matters for federal immigration law. A sentence of 365 days or more can be treated as an “aggravated felony” for immigration purposes even when state law calls the offense something less. Capping gross misdemeanors at 364 days keeps that door closed for the maximum sentence.

Offenses Commonly Charged as Gross Misdemeanors

Second-Degree DWI

A DWI reaches gross misdemeanor level when it is charged as second-degree driving while impaired. That requires either two or more aggravating factors at the time of the offense, or refusal of a chemical test combined with at least one aggravating factor.4Minnesota Office of the Revisor of Statutes. Minnesota Code 169A.25 – Second-Degree Driving While Impaired A prior DWI within ten years is one such aggravating factor. A first offense with no aggravators is a misdemeanor; three or more aggravators moves the case into felony territory.3Minnesota House Research Department. Criminal Offense Levels

Domestic Assault With a Prior

A first domestic assault is a misdemeanor. It becomes a gross misdemeanor when committed within ten years of a prior qualified domestic violence conviction. The statute covers both intentionally causing bodily harm and acting with the intent to cause fear of immediate harm against a family or household member.5Minnesota Office of the Revisor of Statutes. Minnesota Code 609.2242 – Domestic Assault

Mid-Level Theft

Theft of property or services worth more than $500 but not more than $1,000 is a gross misdemeanor.6Minnesota Office of the Revisor of Statutes. Minnesota Code 609.52 – Theft Anything above $1,000 is a felony.3Minnesota House Research Department. Criminal Offense Levels

Harassment

Harassment that places a victim in reasonable fear of substantial bodily harm, or that causes substantial emotional distress, is a gross misdemeanor when done with the intent to kill, injure, harass, or intimidate. Stalking under the same statute is a felony carrying up to ten years in prison.7Minnesota Office of the Revisor of Statutes. Minnesota Code 609.749 – Harassment; Stalking

Interfering With a 911 Call

Intentionally interrupting, preventing, or interfering with an emergency call is a gross misdemeanor, as is calling 911 to report a fake emergency to provoke a law enforcement or emergency response.8Minnesota Office of the Revisor of Statutes. Minnesota Code 609.78 – Interference With Emergency Call

Jail Is Not the Only Possible Sentence

Courts can stay the jail sentence and place you on probation instead. For most gross misdemeanors, probation lasts up to two years. For DWI, criminal vehicular operation, and fifth-degree criminal sexual conduct, the probation cap is four years, with the final year typically unsupervised unless the court decides otherwise.9Minnesota Office of the Revisor of Statutes. Minnesota Code 609.135 – Stayed Sentence

Probation conditions can include home detention, electronic monitoring, chemical dependency or mental health treatment, restitution, community work service, and fines. Even on a stayed sentence, the court can require up to one year in a county jail or workhouse as a probation condition.9Minnesota Office of the Revisor of Statutes. Minnesota Code 609.135 – Stayed Sentence

What a Conviction Does to Firearm Rights

A gross misdemeanor can cost you the right to possess a gun, especially when the offense is domestic in nature. Minnesota prohibits anyone convicted of domestic assault or fifth-degree assault against a family or household member from possessing firearms for three years after conviction. If the court finds a firearm was used in the assault, the ban can extend for life. Violating the prohibition is itself a gross misdemeanor.5Minnesota Office of the Revisor of Statutes. Minnesota Code 609.2242 – Domestic Assault

Federal law goes further. Under 18 U.S.C. ยง 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence in any court is permanently barred from possessing firearms or ammunition.10Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The federal ban has no expiration. Because gross misdemeanors sit below felony level, people sometimes assume gun rights are safe. They are not.

After a domestic assault conviction, the court must also order the defendant to transfer any firearms to a licensed dealer, law enforcement, or a lawful third party within three business days.5Minnesota Office of the Revisor of Statutes. Minnesota Code 609.2242 – Domestic Assault

Employment and Background Checks

Minnesota’s ban-the-box law stops public and private employers from asking about criminal history on an application or before selecting you for an interview. Where there is no interview, the employer cannot consider your record until making a conditional offer. The law does not block background checks later in the process, and it does not apply to positions where a criminal background check is required by statute.11Minnesota Office of the Revisor of Statutes. Minnesota Code 364.021 – Public and Private Employment; Consideration of Criminal Records

Some licensed fields are tougher. For jobs that require a Minnesota Department of Human Services background study, a gross misdemeanor can disqualify you for ten years, with some drug-related offenses carrying a shorter five-year disqualification.

Immigration and Travel to Canada

Even with the 364-day cap, a gross misdemeanor can create immigration problems. For non-citizens, a conviction involving fraud, theft, or intent to cause bodily harm may be treated as a crime involving moral turpitude, which can trigger deportation or denial of visa applications. The specifics depend on the offense, the sentence, and prior convictions. Anyone who is not a U.S. citizen should talk to an immigration attorney before accepting a plea.

Canada can refuse entry based on a conviction. Admissibility depends on how your offense maps to Canadian criminal law, how much time has passed since your sentence ended, and how many convictions you have. Two paths exist to overcome inadmissibility. Deemed rehabilitation may apply once enough time has passed and the Canadian equivalent of your offense carries a maximum prison term of less than ten years. Individual rehabilitation is available by application once at least five years have passed since the end of your sentence, including probation. For urgent travel, a temporary resident permit is possible, but a border officer must find that your reason for entering outweighs any risk to Canadian society.12Canada.ca. Overcome Criminal Convictions

How Long the State Has to File Charges

Prosecutors generally have three years from the date of the offense to file gross misdemeanor charges.13Minnesota Office of the Revisor of Statutes. Minnesota Code 628.26 – Limitations Certain offenses have their own extended deadlines, so the three-year window is the default rather than an absolute rule.

Clearing a Gross Misdemeanor Off Your Record

Minnesota allows expungement of many gross misdemeanors, but not all, and the timing is strict. You must wait at least three years after completing your entire sentence, including probation. During that waiting period you cannot pick up any new convictions beyond petty misdemeanors, and you cannot have pending charges when you become eligible.14Minnesota Office of the Revisor of Statutes. Minnesota Code Chapter 609A – Expungement

The statute lists the specific gross misdemeanors that qualify. Eligible offenses include second-degree and third-degree DWI, fourth-degree assault, fifth-degree assault, domestic assault, fifth-degree criminal sexual conduct, fourth-degree burglary, violation of an order for protection or harassment restraining order, harassment or stalking, and interference with an emergency call, among others. If your offense is not on the list, this process is not available to you. A felony reduced to a gross misdemeanor or misdemeanor at sentencing also stays ineligible under this chapter.14Minnesota Office of the Revisor of Statutes. Minnesota Code Chapter 609A – Expungement

Expungement does not delete the conviction. It seals the records from public view, which helps with employment and housing. Certain government agencies may still have access, and sealed records can be reopened in limited circumstances.