Quick Answer: Unsupervised probation (also called informal probation) is a court-ordered sentence for low-level or first-time offenses where the defendant is not assigned a probation officer. In Minnesota, you must self-report compliance with court conditions—such as paying fines or avoiding new arrests—rather than meeting regularly with a supervisor.
What are the differences between supervised and unsupervised probation?
The primary difference is the level of oversight and the method of reporting.
Supervised probation is, simply, probation that is “supervised” by a probation officer or the Department of Corrections. This means that you must report to that person on a regular basis, and they will monitor your progress, assist when needed, and ensure you are complying with the conditions of your probation.
Unsupervised probation, also known as informal probation or probation to the court, is generally granted for minor crimes or first offenses where supervised probation is considered unnecessary.
Who is eligible for unsupervised probation in Minnesota?
You are most likely to receive unsupervised probation if you have been convicted of a non-violent, low-level felony or a misdemeanor. Judges also favor this option for defendants with no prior criminal history.
In many cases, a judge may start a defendant on supervised probation and "step them down" to unsupervised status after a period of successful compliance. So if you aren’t eligible for unsupervised probation at the time of your sentencing, you may have another opportunity to qualify later.
What are the conditions of unsupervised probation?
Even without a probation officer, you must strictly follow court-ordered conditions. In 2025, Minnesota judges often tailor these conditions based on the specific offense (e.g., DUI vs. Petty Theft). For example, domestic violence cases or sex offenders will have different probationary conditions than drug cases or DUI offenders.
The biggest, most important condition of every probation is not committing any other crimes.
Other requirements may include:
- Restitution: Paying court fees and victim compensation.
- Community Service: Completing a set number of volunteer hours.
- Treatment Programs: Attending mandatory counseling or alcohol education classes.
- Search and Seizure: Consenting to searches of your property or vehicle without a warrant.
- Limitations: Remaining within a certain geographical area, wearing a tracking device such as an ankle monitor, maintaining a curfew
- Substances: Not using, selling, or possessing alcohol or drugs and submitting to random tests
- Firearms: Not possessing any type of weapon or firearm, even a knife
Your defense lawyer can advocate for you to ensure the conditions don’t restrict you unnecessarily. For example, if your conditions prevent you from leaving the state, but you need to travel for work, your attorney can fight to get an exemption made for you.
How long is probation in Minnesota?
According to Minnesota Stat. 609.135, the maximum length of probation sentences are as follows:
- Felonies: 5 years
- Gross misdemeanors: 2 years
- Misdemeanors: 1 year
The actual length of your probation will be determined by the sentencing judge who makes their decision based on the facts of your case and your criminal history.
These caps were put in place in 2023. If you were sentenced to probation before 2023 and are serving a term longer than 5 years, you may now be eligible to have your term reduced — for more information on how to get your probationary period shortened, reach out to us here.
Even though it’s no longer possible to be sentenced to 40 years probation for a drug offense, it’s still very important to have a criminal defense lawyer on your side who can fight for your freedom in an often unfair and punitive legal system. A defense lawyer can negotiate more than just the length of your probation — they can also make sure the conditions of your probation are fair and achievable.
Frequently Asked Questions (FAQ)
What is probation?
Probation is granted by a judge in place of jail time. So rather than going to jail, probation releases you into the community — under certain conditions that are intended to prevent you from committing another crime. A person sentenced to probation generally receives a jail sentence that is “stayed” for a certain period and on certain conditions. Probation can either be supervised or unsupervised.
How do I get probation?
A strong legal defense can make it more likely you will be granted a probationary sentence instead of jail time. However, certain types of crimes in Minnesota aren’t eligible for probation at all, such as violent crimes, especially if this is a repeated offense. That said, it is possible to get probation for many crimes, even felony-level crimes — however, the more severe the crime, the less likely it is that you will be able to get probation. And with felony-level crimes, probation is almost always going to be supervised.
You can increase your chances of receiving probation by taking action between your arrest and sentencing. Actions that can strengthen your case include:
- Supporting your family
- Being active in your community
- Maintaining gainful employment
- Voluntarily submitting yourself for professional chemical and mental health assessments and completing any recommended programs
Can I get out of probation early?
In some cases, if you are following all the terms of your probation and are making progress, a judge can terminate the probation early. You may even be eligible for an expungement of your criminal record after completing your probation.
Is unsupervised probation better than jail?
Yes. It allows you to maintain your job, live with your family, and remain a member of your community while serving your sentence.
What happens if I violate my probation?
If the court receives evidence of a violation (like a new arrest or failure to pay fines), a judge can revoke your stay. You may be forced to serve your original jail sentence.
Some violations of probation are less serious than others, such as failing to pay a court fee or missing a court-ordered appointment. The consequences for these violations may be a warning or an escalation of the conditions of your probation (either by changing the conditions or placing you on supervised probation if you were unsupervised).
But for serious violations, such as failing a drug test or committing a new crime, you will face more serious consequences. If you’ve committed a crime, you will not only be subject to punishment for that new crime, but you will also be subject to additional penalties for violating your probation — which could include retroactively serving jail time or paying fines that had been stayed in exchange for probation.
Can I travel while on unsupervised probation?
Usually, yes. Since you do not have a probation officer to check in with, travel is less restricted, provided you do not miss court dates or violate specific conditions regarding leaving the state.
What is the difference between probation and parole?
Parole involves allowing a person who has already been incarcerated for a part of their criminal sentence to be released early into the community, whereas probation is granted as an alternative to incarceration. Both involve complying with certain conditions.
If you violate the terms of your parole, you will likely be returned to prison to serve out the balance of your sentence. Similarly, if you violate the terms of your probation, you may be required to serve the full sentence for your original crime.
Does probation show up on a background check?
Yes, it appears as part of your criminal record. However, completing probation makes you eligible for expungement, which can hide the record from public view.
What are the benefits of unsupervised probation?
The benefits of unsupervised probation include:
- Fewer rules and restrictions: Unsupervised probation allows you the most freedoms and the closest return to a normal life.
- Fewer monitoring requirements: Not needing to submit to random drug or alcohol testing or intensive monitoring requirements
- No meetings with probation officer: Because you will be self-reporting, you won't need to meet with your PO regularly.
- Supervision fees: Being on supervised probation can lead to fees, which you don't have to pay on unsupervised probation.
How a criminal defense attorney can help
A conviction doesn’t have to define your future. A qualified attorney can negotiate for unsupervised probation instead of jail time, fight to reduce the length of your term, and ensure your conditions are fair.
But our ultimate goal is to get your charges dismissed altogether. A conviction of any kind can alter the course of your life — our goal is to make sure your past doesn’t affect your future. You deserve a full life and access to all of your freedoms.
Ready to protect your freedoms? Contact us for a free consultation.
