Eligibility Requirements

Waiting period:

(1) If the person was convicted of a “crime of violence” (determined by Minn. Stat. 624.712), ten years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime (drug convictions are considered crimes of violence); or

(2) If the person was convicted of any crime not included within the definition of crime of violence, five years must have elapsed since the sentence was discharged and during that time the person must not have been convicted of any other crime (including misdemeanors and serious traffic violations such as DWI). 

Even though the Minnesota Board of Pardons only has jurisdiction over Minnesota criminal convictions, a conviction in any jurisdiction, including foreign countries, will be considered in determining the waiting period. The waiting period must be fully completed at the time you appear before the Board unless waiver is granted.

Minnesota conviction:

The Board’s jurisdiction extends to Minnesota criminal convictions.  This requirement affects two sets of circumstances.

First, the offense for which clemency is sought must be a criminal conviction.  In Minnesota, a “petty misdemeanor” is not a crime.  Likewise, matters which were dismissed by a stay of adjudication, diversion program or Minn. Stat. 152.18 dismissal are not criminal convictions.  Currently, the Board does not consider such violations.  The Board does not consider civil matters such as tax liabilities; civil commitment; or the like.

Second, the conviction must have taken place in a Minnesota District Court.  Clemency for Federal convictions must be considered by the President through the Office of the United States Pardons Attorney:

Office of the Pardon Attorney

1425 New York Avenue, N.W.

Suite 11000

Washington, D.C. 20530

Ph: (202) 616-6070; http://www.justice.gov/pardon/index.html

Likewise, the Minnesota Board of Pardons does not have jurisdiction to review convictions from other states or foreign countries, even if you were a citizen of Minnesota either now or at the time of the offense.