Can You Expunge a 2nd Degree Drugs Felony Conviction in Minnesota? The Winding Path to Clearing Your Record
In the state of Minnesota, a conviction for a 2nd degree-controlled substance offense can have far-reaching consequences that extend beyond the completion of a prison sentence or probation. A criminal record can hinder your ability to find employment, secure housing, or even obtain professional licenses.
Expungement is Not Possible
Unfortunately, a felony 2nd degree-controlled substance conviction is not expungable. There are only certain felonies that are eligible for expungement and 2nd degree controlled substances is not one of them. 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? Does that mean this is the end of the blog and you can close this screen? Not quite. There is another road.
Pardon Extraordinary: The Path Around
Expungements are not the only way to clear your record. There is the option of a pardon extraordinary. It is a more difficult path. It takes more preparation and skill to maneuver. But if successful, you can clear your record through it. This blog explores this process.
Understanding 2nd Degree Controlled Substance Convictions
Before delving into the process of seeking a pardon extraordinary, it's essential to understand what a 2nd degree-controlled substance conviction entails in Minnesota. In this state, drug offenses are classified into five degrees, with 1st-degree offenses being the most severe and 5th-degree offenses being the least severe. A 2nd degree-controlled substance conviction usually involves the possession, sale, or distribution of controlled substances like cocaine, heroin, methamphetamine, or prescription medications without a valid prescription.
The Consequences of a 2nd Degree Controlled Substance Conviction
The collateral consequences of a drug conviction can be life-altering, affecting one's ability to secure employment, housing, and even custody of their children. In light of these consequences, many individuals seek ways to clear their records and regain a semblance of normalcy in their lives.
The Pardon Extraordinary Process
In Minnesota, the process of clearing your record through a pardon extraordinary is not an easy one, and takes great acumen to be successful. A pardon extraordinary, also known as a "forgiveness" or "clemency" pardon, is typically sought 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 usually the biggest hurdle. If you were convicted of a felony crime of violence, you must be crime free for 10 years following discharge from probation or completion of your sentence. And 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 crucial 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, which consists 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 which you can present your case for clemency. Keep in mind that the stage for making a pardon extraordinary is unlike any court hearing you’ve ever been to. The arguments are pitched directly to the Governor, the Minnesota Attorney General, and the Chief Justice of the Minnesota Supreme Court. Three of the most important people in the state will be sitting there. And it’s only through them that you can get a pardon.
5. Decision:
The Board will make a decision on your petition, taking into consideration your personal circumstances, rehabilitation efforts, and the impact of your conviction on your life. Despite what I have said about the difficulty of pardons, I also do not mean to scare people away. Although the pardon board is made of very important people, they are also at their heart human beings. People who have legitimately turned their life around for the better are the type of people that they want to help. Framing the issues in a way that optimizes your chances is what this whole process is about.
Conclusion
Clearing your record of a 2nd degree controlled substance conviction in Minnesota through a pardon extraordinary is a complex and challenging process. While it offers a glimmer of hope for individuals seeking a second chance, success is never guaranteed. But having this option is a whole lot better than the alternative of continuing to live with the weight of this conviction on you.
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.
