How to Get a Pardon in Minnesota: The Clemency Process

What a Pardon Is (and Isn't)

A pardon is the exercise of executive clemency. It completely frees an offender from state control and relieves them of the legal disabilities resulting from a conviction. Clemency is described as a "fail-safe" in the justice system — a way of preventing miscarriages of justice after the judicial process has run its course.

This is different from parole or supervised release, which is simply a way of serving part of a sentence in the community while still in legal custody. A pardon goes further — it addresses the conviction itself. (See our separate page on parole and supervised release.)

Who Grants Pardons: The Board of Pardons

Under the Minnesota Constitution, pardons are granted by the Board of Pardons, made up of three officials:

• the Governor,
• the Attorney General, and
• the Chief Justice of the Minnesota Supreme Court.

The Board can grant pardons, reprieves, and commutations of sentence (including conditional ones). It meets at least twice a year, and its records are open to public inspection.

The Big 2023 Change: No More Unanimity Requirement

This is the most important recent development. For more than a century, a pardon required the unanimous vote of all three Board members — meaning any single member could effectively veto clemency. (The Minnesota Supreme Court even upheld that requirement against a constitutional challenge in 2022.)

In 2023, the Legislature changed the rule. Now a pardon can be granted by a vote of two of the three Board members, as long as one of those votes is the Governor's. This makes clemency substantially more attainable than under the old all-or-nothing system.

What this means for you: If you researched Minnesota pardons even a few years ago, the rules have changed in a way that improves your odds. A single dissenting vote no longer automatically defeats a pardon, provided the Governor is in favor.

The New Clemency Review Commission

The 2023 reform also created a Clemency Review Commission — a 9-member body that, beginning July 1, 2024, reviews clemency applications and makes recommendations to the Board. This replaced the older system in which the Commissioner of Corrections handled that role, and it's intended to give applications a more thorough, structured review.

Types of Clemency

• Pardon absolute — full forgiveness of the offense.
• Pardon extraordinary — available to a person who has completed their sentence (discussed below).
• Commutation — reducing a sentence (can be conditional).
• Reprieve — a temporary postponement.

A pardon can be absolute or conditional. A conditional pardon must state its terms, and (as long as the conditions aren't immoral, impossible, or illegal) they bind the person once accepted. If someone is accused of violating a conditional pardon, they're entitled to a judicial inquiry into the alleged violation.

The Pardon Extraordinary: Setting Aside a Conviction

This is especially significant for people trying to move on from an old conviction. A person who has served their sentence may petition for a pardon extraordinary. The Board may grant it if it finds the applicant has been convicted of no other crimes and is of "good character and reputation."

The effect is powerful: a pardon extraordinary restores all civil rights, sets aside and nullifies the conviction, and "purges" the person of it. After it's granted, the person generally need not disclose the conviction except in a later judicial proceeding.

What this means for you: For someone with a single old conviction who has stayed out of trouble and rebuilt their life, a pardon extraordinary can be life-changing — effectively wiping the slate for most purposes. (It's worth comparing this with expungement, which is a separate remedy with its own rules.)

What an Application Requires

A written pardon application generally must include details such as the name(s) used at conviction, the date and terms of the sentence and the offense, the trial judge and prosecutor and county, a summary of the trial evidence, biographical information, and a statement of any other arrests or convictions. The Clemency Review Commission develops the application forms and process.

Important Limits

• Minnesota's pardon power covers state offenses only — not federal convictions or those from other states.
• A pardon is discretionary; there is no "right" to one.
• Clemency is generally seen as relief after the judicial process is exhausted, not a substitute for an appeal.

Key Terms

• Pardon: Executive clemency that forgives a conviction and restores rights.
• Pardon extraordinary: A post-sentence pardon that sets aside and nullifies the conviction.
• Commutation: A reduction of sentence.
• Board of Pardons: The Governor, Attorney General, and Chief Justice.
• Clemency Review Commission: The 9-member body that reviews applications as of July 2024.