Can You Expunge a 1st Degree Drugs Felony in Minnesota? The Hidden Path to Clearing Your Record
In the state of Minnesota, a 1st-degree controlled substance conviction carries significant consequences that extend beyond the completion of a prison sentence or probation. A criminal record can hinder your ability to secure employment, housing, or even obtain professional licenses.
Expungement is Not an Option
Regrettably, 1st-degree controlled substance felony convictions are not eligible for expungement in Minnesota. Only certain felonies can be expunged, and 1st-degree drug offenses do not fall into that category. If your case was reduced to a misdemeanor, you may be able to seek an expungement if you meet other requirements. But what happens if your case remains a felony? Are you stuck? Not quite. A road closed sign does not mean there is no route to the destinate. And lucky for you, there is another route.
Pardon Extraordinary: An Alternative Path
Expungement is not the sole means to clear your record. Another option is seeking a pardon extraordinary. While this path is more challenging and requires thorough preparation and skill, it can ultimately lead to a cleared record. This blog post will delve into the details of this process.
Understanding 1st Degree Controlled Substance Convictions
Before we discuss the process of obtaining a pardon extraordinary, it's crucial to grasp the nature of a 1st-degree controlled substance conviction in Minnesota. In this state, drug offenses are categorized into five degrees, with 1st-degree offenses being the most severe. A 1st-degree controlled substance conviction typically involves the possession, sale, or distribution of a large amount of controlled substances like cocaine, heroin, methamphetamine, or prescription medications without a valid prescription.
The Life-Altering Consequences
The consequences of a 1st-degree controlled substance conviction can be life-altering. They can impact your ability to secure employment, housing, and even custody of your children. Given these profound consequences, many individuals seek ways to clear their records and regain a sense of normalcy in their lives.
The Pardon Extraordinary Process
In Minnesota, the journey to clear your record through a pardon extraordinary is not a straightforward one and requires a high level of acumen to succeed. A pardon extraordinary is typically pursued when all other avenues for relief have been exhausted. Here are the key steps involved in pursuing a pardon extraordinary:
1. Eligibility Assessment:
The waiting period is a significant hurdle. If you were convicted of a felony crime of violence, you must remain crime-free for 10 years following discharge from probation or completion of your sentence. For all other offenses, the waiting period is five years from discharge from probation or completion of your sentence.
2. Gathering Supporting Documents:
It's imperative to compile a comprehensive application package that includes letters of recommendation, evidence of rehabilitation, and a well-structured personal statement explaining why you deserve clemency.
3. Petition Submission:
Submit your petition for pardon extraordinary to the Minnesota Board of Pardons, consisting of the Governor, the Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court. The Board will review your application and decide whether to grant a hearing.
4. Board Review and Hearing:
If your application is accepted, you may be granted a hearing before the Board of Pardons. During this hearing, you can present your case for clemency. It's crucial to understand that this stage differs from a typical court hearing. Your arguments will be directed towards the Governor, the Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court, three of the most influential figures in the state. It's only through them that you can obtain a pardon.
Decision:
The Board will make a decision on your petition, considering your personal circumstances, rehabilitation efforts, and the impact of your conviction on your life. While the pardon process can be challenging, it's important to remember that the members of the Board are human beings. They are more inclined to help individuals who have genuinely turned their lives around for the better. Framing your case in a way that optimizes your chances is a critical part of the process.
Conclusion
Clearing your record of a 1st-degree controlled substance conviction in Minnesota through a pardon extraordinary is a complex and challenging journey. It may be difficult, but it is not impossible. A well structured strategy increases your chances of success.
contact Jack Rice Defense for a consultation. 651-447-7650 or 612-227.1339. When your life is on the line, Jack Rice Defense.
Peter Lindstrom, Of Counsel
Peter is also the founder of his own law firm, Subzero Criminal Defense. He regularly contributes to Jack Rice Defense. He brings both intelligence and creativity to crafting defenses and figuring out different strategies to advance the interests of the clients of Jack Rice Defense. Peter is also the creator of FalselyAccused.com, a website devoted to reverse engineering wrongful convictions from the past to provide insights for those falsely accused today.
