Petty Misdemeanor

The least serious offense in Minnesota, punishable only by a fine (not jail time), and not considered a crime under state law.

A petty misdemeanor is the lowest level of offense in Minnesota. The most important thing to know is that a petty misdemeanor is not a crime under Minnesota law. It cannot result in jail time. The maximum penalty is a fine of $300. Because it is not a crime, a petty misdemeanor does not give you a criminal record.

The most common example of a petty misdemeanor is a traffic ticket. Speeding, running a stop sign, and driving without a seatbelt are all petty misdemeanors. Some minor drug offenses (like possession of a small amount of marijuana) are also classified as petty misdemeanors in Minnesota. You do not have the right to a jury trial for a petty misdemeanor, because no jail time is at stake.

Even though a petty misdemeanor is not a crime, it still goes through the court system. You will receive a citation with a court date or a fine amount. You can pay the fine (which counts as a guilty plea), request a hearing to contest it, or sometimes complete a diversion program. If you ignore the citation, the court can add additional penalties and eventually issue a warrant.

Why it matters: Many people worry when they receive a citation, thinking it will go on their criminal record. If the offense is classified as a petty misdemeanor, it is not a crime and will not appear on a criminal background check. However, it can still affect your driving record if it is a traffic offense, which may impact your insurance rates.

Example: Ana receives a speeding ticket for going 10 miles over the limit on Highway 35. The ticket is a petty misdemeanor with a $130 fine. Ana pays the fine online. It does not go on her criminal record, but it does appear on her driving record, and her car insurance rate goes up slightly at renewal.

When you might see this term

When you receive a traffic ticket or citation for a minor offense

Where this comes up