A Minnesota petty misdemeanor not a "misdemeanor" as defined for TPS, under 8 CFR 244.1 [offenses that are punishable by imprisonment for a term of five days or less shall not be considered a felony or misdemeanor], because the court may not impose a sentence of five days in jail for this type of offense.



Minnesota law divides all offenses into the following categories: (1) petty misdemeanors; (2) misdemeanors; (3) gross misdemeanors; and, (4) felonies. Petty misdemeanors do not constitute a criminal offense under the laws of Minnesota, the maximum penalty for a petty misdemeanor is a fine of $300.00, and a term of imprisonment may not be imposed for a conviction for a petty misdemeanor. Minnesota Statute 609.02, Subd. 4(a); State v. Tessema, 515 N.W.2d 626 (Minn. App. 1994). The Minnesota Rules of Criminal Procedure provide that any offense shall be deemed a conviction for a petty misdemeanor if the sentence imposed upon a plea or finding of guilty is within the limits of the maximum sentence allowable for a petty misdemeanor. Minn. R. Crim. Pro. 23.02. Accordingly, any conviction with a sentence imposed of a fine of $300.00 or less, constitutes a "petty misdemeanor" which is not a criminal conviction and which is punishable "by imprisonment for a term of five days or less." Thanks to Bruce Nestor.