The most common types of clemency are pardons and commutations.
To be eligible for a pardon:
- You must have been convicted of a crime in a Minnesota state court.
- This includes felonies and misdemeanors.
- If the charges were dismissed or you were never convicted, there is no crime to pardon.
- Juvenile delinquency and petty misdemeanors are not considered crimes so you cannot apply for a pardon for these offenses.
- It must be at least five years since the expiration or discharge date of the sentence. If five years have not passed, you may request to waive of the initial five-year waiting period.
- You must not have been denied a pardon or commutation within the past five years. If five years have not passed since your most recent clemency request, you must request to reapply early.
To be eligible for a commutation:
- You must have been convicted of a crime in a Minnesota state court and your sentence must be active. This includes someone who is currently:
- in jail or prison,
- on probation, supervised release, or another type of post-conviction supervision
- It must be at least five years since the date of conviction, or you must have served at least one-half of the sentence. You are eligible to apply when the first of these dates has passed. If you can show there is a special need or unusual circumstances, you may apply for a waiver of the waiting period.