Can You Expunge a 2nd Degree Assault Conviction in Minnesota? The Alternate Route to Clear Your Record
In the state of Minnesota, a conviction for second-degree assault carries significant implications that continue to affect individuals long after completing their sentence or probationary period. Such criminal records often present hurdles in obtaining employment, housing, and professional licenses.
Limited Expungement Options
Minnesota law does not allow for the expungement of felony second-degree assault convictions (Please contact our office if your 2nd-degree conviction was reduced to a misdemeanor). While some felonies qualify for expungement, second-degree assault falls outside this category. Nevertheless, despite the roadblock of expungement, there exists an alternative avenue for those seeking to clear their record.
Pardon Extraordinary: An Unconventional Approach
When traditional expungement isn't feasible, pursuing a pardon extraordinary stands as an alternative route. Although more challenging, requiring meticulous preparation and skill, this path can lead to clearing one's record. This article will delve into the intricacies of this process.
Understanding Second-Degree Assault Convictions
Before exploring the pursuit of an pardon extraordinary, it's crucial to understand the nature of a 2nd -degree assault conviction in Minnesota. Assault offenses in this state are classified into five degrees, with second-degree offenses being serious but not the most severe. A conviction for second-degree assault typically involves an assault where a dangerous weapon was used which is most frequently a gun or knife.
Life-Altering Consequences
A second-degree assault conviction carries profound repercussions, significantly impacting employment opportunities, housing stability, and even child custody rights. Due to these substantial consequences, many individuals endeavor to clear their records to regain a semblance of normalcy.
The Process of Pardon Extraordinary
In Minnesota, pursuing a pardon extraordinary to clear a record is a complex endeavor requiring a high level of expertise to navigate successfully. Usually sought when all other legal remedies have been exhausted, the process involves several key steps:
Eligibility Assessment: A waiting period is mandatory. For individuals convicted of a felony crime of violence, a crime-free period of ten years post-probation or sentence completion is required. For other offenses, the waiting period is five years post-probation or sentence completion.
Gathering Supporting Documents: Assembling a comprehensive application package is crucial. This includes letters of recommendation, evidence demonstrating rehabilitation efforts, and a well-crafted personal statement justifying the deservingness of clemency.
Petition Submission: Submitting the petition for pardon extraordinary to the Minnesota Board of Pardons, consisting of the Governor, Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court.
Board Review and Hearing: If the application is accepted, a hearing is held before the Board of Pardons. This hearing involves presenting one's case for clemency directly to three of the most influential figures in the State of Minnesota (the Governor, Attorney General, and Chief Justice).
Decision: The Board deliberates on the petition, considering an individual's personal circumstances, rehabilitation efforts, and the impact of the conviction. While the pardon process is challenging, understanding that Board members are inclined to assist those genuinely rehabilitated is crucial.
Conclusion
Clearing a record of a second-degree assault conviction in Minnesota through a pardon extraordinary is a complex and challenging journey. Despite its difficulties, it remains achievable with a well-strategized approach to improve the chances of success. Contact the team at Jack Rice Defense today if you seek to clear your second-degree assault conviction from your record. 651-447-7650
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.t is, the way you tell your story online can make all the difference.
