Clemency is any act of mercy or compassion shown toward someone who has committed a crime. The most common types of clemency in Minnesota are pardons and commutations. A pardon is for people whose sentences are complete and no longer active. A commutation is for people that are still serving part of their sentence.
The Commissions’ recommendation will be sent to the Board of Pardons within fourteen days of the decision date. The Board of Pardons meets two times per year and makes the final decision to grant or deny each pardon or commutation request. If at least two of the three Board members, including the governor, vote in favor of your commutation, it will be granted. If the governor votes no or is the only Board member who votes yes, the pardon or commutation will be denied.
Please see the process to apply for a pardon in Minnesota here.
Please see the process to apply for a commutation in Minnesota here.
The Clemency Review Commission is a group with nine members. Each member of the Board of Pardons chooses three people for the Commission.
The Clemency Review Commission is now the first group to review and hear applications and requests for waivers. Previously, all applications went straight to the Board of Pardons after being processed by staff.
The Commission must meet at least four times per year. At commission meetings, the Commission will hear applications for pardons and commutations, and will make recommendations to the Board on whether to approve or deny those applications. The Commission will also review and vote on requests for a waiver of the initial waiting period and requests to reapply early after a denial.
The Board of Pardons will meet at least two times per year to consider the recommendations of the Clemency Review Commission, hold additional hearings if necessary, and make final decisions relating to pardons, commutations, waivers, and reapplication requests.
Previously, pardons and commutations would only be granted if the Board unanimously voted to grant clemency. Under the new process, if at least two of the three Board members, including the governor, vote in favor of your commutation, it will be granted. If the governor votes no or is the only Board member who votes yes, the pardon or commutation will be denied.
For pardons, people that have completed their sentences for convictions need to wait five years from the discharge or expiration of their sentence to apply for pardons.
For commutations, people in prison, in jail, on probation, on parole, or something similar must wait five years from the date of conviction or serve half of their sentence, whichever is shorter, to apply for commutations.
If the Commission recommends that the Board of Pardons deny your application, the recommendation will be sent to the Board. The Board will still vote on your application and make the final decision.
If the Board votes to deny your case, the Commission staff will contact you to let you know. You may reapply in five years.
The Open Meeting Law applies to meetings of the Commission and Board. The Commission and Board meetings are open to the public and the media except for limited exceptions related to confidential and sensitive victim testimony.
The Commission must consider any factors it deems appropriate when considering whether to recommend a grant or denial of a clemency application. For example, the commission may consider factors such as: the nature, seriousness, and circumstances of the applicant's crime; the successful completion of probation; factors related to the applicant’s other criminal history; the applicant’s age at the time of the crime; rehabilitative efforts of the applicant; whether the applicant has accepted responsibility; and whether the sentence is clearly excessive.
There are many other factors that may be considered by the Commission. Please see Minnesota Statutes § 638.15 for more information on other factors the Commission may consider.
The clemency process takes at least four months to complete. Sometimes it can take up to a year depending on how many applications are ahead of yours and when the Commission and Board are scheduled to meet.
