Minnesota Pardon Extraordinary Attorney Thomas A. Wilson represents clients in pardon extraordinary cases in the areas of St. Paul and greater Ramsey County, Minneapolis and greater Hennepin County, Anoka County, Dakota County, Sherburne County, Washington County, Wright County, Carver County, and Greater Minnesota.
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Overview of Pardon Extraordinary in Minnesota
The Minnesota Board of Pardons
The Minnesota Board of Pardons consists of the governor, the chief justice of the Supreme Court, and the attorney general. The Minnesota Board of Pardons has the power to grant pardons, reprieves, and commutation of the sentence of persons convicted of any offenses against Minnesota state law. This following information focuses specifically on pardon extraordinary.
The Pardon Extraordinary Procedure
There are two basic eligibility requirements for convicted individuals pursuing a pardon extraordinary. First, the convicted individual must have served their sentence and been discharged by court order or operation of law. Second, there are generally time requirements that must be met before applying for a pardon extraordinary (these time requirements can be waived in certain circumstances).
The first requirement applies to individuals convicted of any crime not fitting under the statutorily defined “crime of violence.” These individuals must wait for period of five years after the discharge of their sentence before applying for a pardon extraordinary and must not have been convicted of any other crime during that five-year-period.
The second requirement applies to individuals that were convicted of a statutorily defined “crime of violence.” These individuals must wait for a period of ten years after the discharge of their sentence before applying for a pardon extraordinary, and must not have been convicted of any other crime during that ten-year-period.
Application and Meeting
If an individual does meet all the eligibility requirements for a pardon extraordinary they must complete and submit an application to the Board of Pardons and if the application is accepted, attend a public meeting. The Minnesota Board of Pardons must hold meetings at least twice a year—generally holding one meeting in the spring and one meeting in the fall. At the meeting the board will hear arguments from the applicant; victim(s) (if any); and law enforcement agencies.
Granting of a Pardon Extraordinary
After the meeting, if the Board of Pardons determines that the person is of “good character and reputation”, the board may, at its discretion, grant the person a pardon extraordinary. The effect of this pardon extraordinary is described below.
The Effect of a Pardon Extraordinary
When a pardon extraordinary is granted it has the effect of: (1) setting aside and nullifying the conviction; (2) purging the person of the conviction; and (3) the person shall never after that be required to disclose the conviction at any time or place other than in a judicial proceeding or as part of the licensing process for peace officers.
In addition, after the pardon extraordinary is granting the Board of Pardons will file a copy of it with the district court where the conviction took place; and the court must order the conviction set aside; include a copy of the pardon in the court file; and send a copy of its order and the pardon to the Bureau of Criminal Apprehension.
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St. Paul Criminal Defense Attorney Thomas A. Wilson provides a free 30 minute case consultation by phone or at his office by appointment. During the consultation Mr. Wilson can analyze the issues in your case, answer questions, and discuss possible options going forward. Your consultation with Mr. Wilson is absolutely free and what you discuss is kept strictly confidential.