Nicole’s client was 18 years old when she was charged with Theft by Swindle in Champlin, Hennepin County. Theft by Swindle is a specific type of theft charge whereby property or services are obtained from another person through deliberate deception or “trickery.” It was alleged that Nicole’s client and a friend of hers had an employee at a Champlin store scan their purchases and then void them without taking the merchandise back.
Nicole’s main concern was the potential consequences of a conviction of that nature on such a young person’s future. Not only was the allegation a theft, but the specific allegations of deception made it particularly concerning for potential future education, employment, and housing.
Nicole convinced the prosecutor that the fair outcome was to continue the charges for dismissal. A continuance for dismissal is an agreement with the prosecutor agrees to automatically dismiss the charges after one year if specific conditions are met. In this case, Nicole’s client had to pay $50.00 in costs, complete an online class, and remain law abiding. Because a continuance for dismissal involves no admission of guilt, the case is considered “resolved in your favor.” Consequently, a person retains the presumption that they are innocent and the right to a trial. Finally, Nicole’s client will be eligible to expunge her record as soon as the charge is dismissed. An expungement seals all records relating to the case so that it will not show up on a background check, including the arrest records on the Minnesota Bureau of Criminal Apprehension.