Minnesota-Pardon

The Minnesota Constitution provides for a Board of Pardons composed of the governor, the attorney general and the chief justice of the supreme court, whose “powers and duties shall be defined and regulated by law.” The pardon board is required to report to the legislature annually.  Per a 2023 reform, the board’s decisions need no longer be unanimous, but the governor must always been in the majority for a grant to be effective. The board is now advised and assisted by a 9-person Clemency Review Commission, appointed in equal numbers by the three board members, which investigates applications and holds hearings to develop recommendations to the board. Eligibility for a pardon requires five crime-free years from final discharge, and waivers of the eligibility waiting period may be granted.  A pardon restores all rights and effectively “nullifies” a conviction by setting it aside, and it automatically expunges the record.  The pardon process includes a public hearing before the Commission that advises the Board, with notice to officials and victims, and includes the possibility of an expedited review process. In the past, the pardon process in Minnesota has yielded few grants and applications have not been encouraged, but the new process is expected both to encourage more applications and to yield more grants.