Expunging a Felony Domestic Assault Strangulation in Minnesota: The Unconventional Route
In Minnesota, the consequences of a felony domestic assault strangulation conviction are far-reaching, extending well beyond the completion of a sentence or probationary period. Such convictions often become formidable barriers to securing employment, housing, and professional licenses, creating enduring challenges for individuals with such criminal records.
Limited Expungement Options
Minnesota law, unfortunately, does not permit the expungement of felony domestic assault convictions (unless the strangulation conviction was reduced to a misdemeanor). While certain felonies may qualify for expungement, domestic assault remains outside this scope. Despite this expungement roadblock, there exists an unconventional avenue for those determined to clear their records.
Pardon Extraordinary: An Unconventional Approach
When traditional expungement seems unattainable, pursuing an pardon extraordinary offers an alternative route. Although more challenging and demanding meticulous preparation, this path can lead to record clearance. In this article, we will delve into the intricacies of this unique process.
Understanding Domestic Assault Strangulation Convictions
Before embarking on the journey of seeking a pardon extraordinary, it's essential to grasp the nature of domestic assault strangulation convictions in Minnesota. The offense involves intentionally impeding normal breathing or circulation by applying pressure on the throat or neck, or by blocking the nose or mouth of another person (Minn. Stat. § 609.2247).
Life-Altering Consequences
A felony domestic assault strangulation conviction carries profound repercussions, significantly affecting employment opportunities, housing stability, and even child custody rights. Given these substantial consequences, many individuals strive 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. Typically sought when all other legal remedies have been exhausted, the process involves several key steps:
1. Eligibility Assessment: A mandatory waiting period is required. For individuals convicted of a felony crime of violence, a crime-free period of ten years post-probation or sentence completion is necessary. For other offenses, the waiting period is five years post-probation or sentence completion.
2. 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.
3. 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.
4. Board Review and Hearing: If the application is accepted, a hearing is held before the Board of Pardons, involving presenting one's case for clemency directly to the aforementioned Governor, Minnesota Attorney General, and Chief Justice of the Minnesota Supreme Court. You would be hard-pressed to find three more influential people in the state of Minnesota, and they will be the ones deciding if you get a pardon or not.
5. Decision: The Board deliberates on the petition, considering an individual's personal circumstances, rehabilitation efforts, and the impact of the conviction. While challenging, understanding that Board members are inclined to assist genuinely rehabilitated individuals is crucial.
Conclusion
Clearing a record of domestic assault strangulation in Minnesota through an 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. If you're seeking to clear your domestic assault strangulation conviction from your record, contact the team at Jack Rice Defense today at 651-447-7650.
