Subdivision 1. Absolute or conditional pardons; commutation of sentences.
The Board of
Pardons may grant an absolute or a conditional pardon, but every conditional pardon shall state
the terms and conditions on which it was granted. Every pardon or commutation of sentence
shall be in writing and shall have no force or effect unless granted by a unanimous vote of the
board duly convened.
Subd. 2. Petition; pardon extraordinary.
Any person, convicted of a crime in any court
of this state, who has served the sentence imposed by the court and has been discharged of the
sentence either by order of court or by operation of law, may petition the Board of Pardons for the
granting of a pardon extraordinary. Unless the Board of Pardons expressly provides otherwise in
writing by unanimous vote, the application for a pardon extraordinary may not be filed until the
applicable time period in clause (1) or (2) has elapsed:
(1) if the person was convicted of a crime of violence as defined in section
, 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; and
(2) if the person was convicted of any crime not included within the definition of crime of
violence under section
624.712, subdivision 5
, 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.
If the Board of Pardons determines that the person is of good character and reputation, the board
may, in its discretion, grant the person a pardon extraordinary. The pardon extraordinary, when
granted, has the effect of setting aside and nullifying the conviction and of purging the person of
it, and 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.
The application for a pardon extraordinary, the proceedings to review an application, and
the notice requirements are governed by the statutes and the rules of the board in respect to
other proceedings before the board. The application shall contain any further information that
the board may require.
Subd. 3. Pardon extraordinary; filing; copies sent.
Upon granting a pardon extraordinary
the Board of Pardons shall file a copy of it with the district court of the county in which the
conviction occurred, and the court shall order the conviction set aside and include a copy of the
pardon in the court file. The court shall send a copy of its order and the pardon to the Bureau
of Criminal Apprehension.
Subd. 4. Grandfather provision.
Any person granted a pardon extraordinary by the Board
of Pardons prior to April 12, 1974 may apply to the district court of the county in which the
conviction occurred for an order setting aside the conviction as set forth in subdivision 3.
Subd. 5. Records.
The term "records" shall include but is not limited to all matters, files,
documents and papers incident to the arrest, indictment, information, trial, appeal, dismissal and
discharge, which relate to the conviction for which the pardon extraordinary has been granted.
History: (10780) RL s 5425; 1941 c 377 s 1; 1955 c 448 s 1; 1963 c 819 s 1; 1974 c 582
s 1; 1987 c 276 s 4; 1991 c 319 s 26; 1992 c 569 s 30-32; 1993 c 159 s 2; 2003 c 28 art 3
s 11; 2005 c 83 s 1