What Changes Have There Been to the Pardon Process in Minnesota? A Pardon Lawyer Explains.
If you have a criminal record in the state of Minnesota, there are two ways to get rid of your old record. One of them is by seeking to seal the record in district court through an expungement. The other is to seek a pardon from the pardon board consisting of the governor, attorney general, and the chief justice of the Minnesota Supreme Court. For decades the process of asking for a pardon has remained the same. But in the last few years things have changed drastically. This article will highlight some of the most important recent changes: (1) unanimous decisions; and (2) clemency hearings.
Unanimous Decision No Longer Needed
If you were asking for a pardon a few years ago, you needed a unanimous decision from the pardon board. All three members had to vote for the pardon. There was a statute (now repealed) that mandated pardons to be unanimous. Minn. Stat. 638.02. However, the Minnesota Constitution had language that was ambiguous about what was required for a pardon. Minn. Const. art. V § 7. Under one interpretation, the governor had the same powers as the other two board members, but under another interpretation the governor had more sway. There was litigation that went up to the Minnesota Supreme Court about this issue. Shefa v. Ellison, 968 N.W.2d 818 (Minn. 2022). The litigation was complicated and goes beyond the scope of what can be talked about in this blog. But the end result that took years to come to fruition, was a new process where if you receive 2 out of 3 votes, with one of the votes being the governor, you receive a pardon. You don’t need a unanimous vote, as long as the governor is one of the votes you receive. This is a boon to people seeking pardon because no longer can a lone chief justice or attorney general object to a pardon and stop it dead in its tracks. You only need to persuade the governor and one other member of the pardon board.
Clemency Hearings
When one thing gets easier, sometimes other things get harder. And that has happened with the pardon process. It’s a lower bar to get a pardon as highlighted in the paragraph above. But a new system was created where one must first sit before the clemency board for a hearing to determine your eligibility prior to go before the pardon board. The clemency board is made up of nine members. They must meet at least four times per year, but can meet more times. You need to persuade the clemency hearing of the merits of your pardon request, prior to them approving your ability to go argue your case before the pardon board. It’s an extra step in the process. If you sought a pardon several years ago, you were able to appear before the pardon board after your paperwork was processed by the pardon board’s staff. Now, you need to be successful at two hearings instead of just one.
Conclusion
If you are seeking a pardon, you want an attorney who is knowledgeable, experienced, and well versed in the law on the law for pardons and expungement. There are many attorneys in the state of Minnesota who say they do pardons, but don’t practice in the area enough to know the intricacies of the law and how to utilize that to their client’s advantage. Contact Jack Rice Defense today for a free consultation. 651-447-7650
Peter Lindstrom
Peter is the head of the appellate and expungement departments at Jack Rice Defense. The Minnesota Court of Appeals reversed a felony conviction because of the brief Peter drafted. He has successfully expunged cases involving challenging issues with DWI, felony, and violence against family member cases. At the district court level, he has tried two felony jury trials to verdict, and successfully dismissed a felony gun case on 4th amendment grounds. Peter is particularly known for his intelligence, creativity, and legal acumen.
