Navigating the Path to Clearing a Third-Degree Assault Record in Minnesota
In the state of Minnesota, a conviction for third-degree assault carries far-reaching implications that persist beyond the completion of any sentence or probationary period. With a criminal record, individuals often face obstacles in securing employment, housing, and professional licenses.
Limited Options for Expungement
Unfortunately, Minnesota law does not permit the expungement of felony third-degree assault convictions (Please call our office if your 3rd degree conviction was converted to a misdemeanor). While certain felonies qualify for expungement, third-degree assault falls outside this category. However, despite the roadblock of expungement, there exists an alternate avenue for those seeking to clear their record.
Pardon Extraordinary: An Unconventional Path
When traditional expungement is not an option, pursuing a pardon extraordinary stands as an alternative route. Although more challenging and demanding meticulous preparation and skill, this path can lead to the clearance of one's record. This article will explore the intricacies of this process.
Understanding Third-Degree Assault Convictions
Before delving into the pursuit of a pardon extraordinary, it's essential to understand the nature of a third-degree assault conviction in Minnesota. This state classifies assault offenses into five degrees, with third-degree offenses being serious but not the most severe. A third-degree assault conviction typically involves causing substantial bodily harm, such as injuries resulting in bone fractures or loss of consciousness.
Life-Altering Consequences
The repercussions of a third-degree assault conviction are profound and can significantly impact an individual's employment prospects, housing stability, and even child custody rights. Given these substantial consequences, many individuals strive to clear their records to regain a sense of normalcy.
The Process of Pardon Extraordinary
In Minnesota, pursuing a pardon extraordinary to clear a record is a complex endeavor that demands a high level of expertise to navigate successfully. Usually sought after all other legal remedies have been exhausted, the process involves several key steps:
1. Eligibility Assessment: The waiting period is a substantial barrier. For those convicted of a felony crime of violence, a crime-free period of ten years post-probation or sentence completion is mandatory. 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 showcasing 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, comprising the Governor, Minnesota Attorney General, and Chief Justice of the Minnesota Supreme Court.
4. Board Review and Hearing: If the application is accepted, your case will be heard before the Board of Pardons. This hearing differs from a typical court proceeding, as it involves presenting one's case for clemency directly to some of the most influential people in all of the State of Minnesota - the Governor, Minnesota Attorney General, and Chief Justice of the Minnesota Supreme Court.
5. 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 arduous, understanding that the Board members are human beings inclined to assist those who have genuinely rehabilitated is crucial.
Conclusion
Clearing a record of a third-degree assault conviction in Minnesota through a pardon extraordinary is a formidable and intricate journey. Despite its challenges, it remains an achievable feat with a well-strategized approach to enhance the chances of success. Contact the team at Jack Rice Defense today if you want to clear your 3rd degree assault of 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.
