First, determine whether you have ever been convicted of a crime of violence as defined in Minn. Stat. 624.712, subd. 5. Second, determine your most recent discharge or expiration date from a criminal sentence for misdemeanor or felony offense.
If you determine you were ever convicted of a crime of violence, you will be eligible ten years after your most recent date of discharge. If you determine you were not convicted of a crime of violence, you will be eligible five years after your most recent date of discharge. In either case, NO new convictions can occur or your waiting period will start over.
A new conviction for a misdemeanor, gross misdemeanor, or felony offense will typically start the waiting period over for seeking a pardon extraordinary. You must be crime-free for the five or ten years immediately preceding your appearance before the Board.
It may. A thorough investigation is conducted by Board staff prior to the meeting and all gathered materials are given to the Board members for review, including court records, criminal history records, and driving records. The Board considers many factors when deciding whether or not to grant a pardon extraordinary and an applicant’s driving record is a part of the information provided to them.
No, all applicants are able to complete the pardon or commutation process without counsel. However, if you would like to hire an attorney to assist you in the process you may do so.
You must submit a complete and signed application for a pardon extraordinary. Although not required, the Board encourages applicants to submit up to three letters of support or recommendation with their application. The three letters should be from people you have known for several years and must attest to your good character and reputation.
You can obtain a copy of your criminal history from the Bureau of Criminal Apprehension (BCA), the Department of Motor Vehicles, and the district courts. You do not need to submit a copy of your criminal record; however, you are responsible for including your full criminal history in your application. Failing to include all criminal convictions in your application may appear to the Board as an attempt to conceal your criminal history. This includes any convictions in other states or in federal court.