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Two exceptions: firearms rights following a “crime of violence,” § 609.165, subd. 1 (“When a person has been deprived of civil rights by reason of conviction of a crime and is thereafter discharged, such discharge shall restore the person to all civil rights and to full citizenship, with full right to vote and hold office, the same as if such conviction had not taken place, and the order of discharge shall so provide.”). Juvenile adjudications do not give rise to any of the “civil disabilities” that may be imposed as a consequence of an adult conviction, except that a person adjudicated delinquent for a crime of violence as defined in Minn. § 624.712(5) “is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person’s lifetime.” Minn. Rather, the fact of the pardon is added to the record. 1941) (pardon granted defendant for previous conviction in California was not bar to imposition of enhanced punishment under Minnesota’s habitual criminal statute following conviction of crime of performing illegal operation). Judge and DA are asked their views, and victims notified. “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.” Minn. In 20, 33 of 83 individuals who for a pardon extraordinary were granted relief. Persons seeking a waiver of the eligibility waiting period must also attend in person. In recent years the percentage of applications granted has increased significantly. Person convicted of “treason or felony” may not vote “unless restored to civil rights.” Minn.

Drug felonies above Felony 4 are considered violent crimes. The Board also has the power to grant a “pardon extraordinary,” to people who have completed their sentences. The commissioner of corrections, or his or her designee, is the Secretary of the Board and conducts investigations and makes recommendations to the Board. The Board is required to report to legislature by February 15 each year. For pardon extraordinary, five crime-free years from final discharge for nonviolent crimes, or ten crime-free years for “violent” offenses as broadly defined under Minn. When there is a background check for private data (authorized by the subject), both the conviction and the pardon are disseminated. The 2005 report of the Board describes a “unique case” presented to it that year, in which a foreign national whose conviction for a minor drug offense had been set-aside under Minn. § 152.18 sought pardon to avoid deportation by federal immigration authorities. Application forms must be obtained directly from the Secretary’s Office by mail after eligibility requirements have been reviewed. Application forms typically are sent only to those deemed eligible by the Secretary. In a case involving a conviction, a person must be able to establish that the need to expunge the record outweighs any risk to public safety. For a more detailed overview of the statutory expungement scheme, see Emily Baxter, : Those convicted of or who received a stayed sentence for a misdemeanor must wait two years after completion of sentence; those convicted of a gross misdemeanor must wait four years; and those convicted of 50 eligible felonies listed in subd. The records of a conviction for which registration is required may not be expunged. Where there is a request from a member of the public for public criminal records, only the fact of the pardon is disseminated. ' After a pardon extraordinary is granted, a copy of the pardon is filed with the district court in the county of conviction; and the court is “directed” to issue an order “setting aside” the conviction, and to include a copy of the pardon in the court file. 6600.0300 (“Applications for relief shall be made on forms approved by the board and supplied by the secretary to the applicant.”). For pardons extraordinary, except for less serious offenders discharged more than five years before, applicant must attend a hearing at which application is considered. Decision of Board usually announced at the conclusion of the hearing. According to the 2008 report of the Board, applications for waiver have increased as collateral consequences have become more onerous: “Over the years as the collateral consequences of criminal conviction appear to have increased, there has also been an increase in the number of applicants seeking waiver of the waiting period, which the statute permits upon the unanimous written consent of the Board.” Under legislation signed into law in April 2014, the courts are now authorized to expunge judicial and executive branch records in a broad range of criminal matters: juvenile delinquency adjudications, cases resolved in an individual’s favor, cases resulting in diversion or a stay of adjudication after a one-year waiting period, and misdemeanor and minor non-violent felony convictions after waiting periods ranging from two to five years after completion of sentence.

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Once a pardon has been denied, reconsideration is possible only with the consent of two members of the Board.