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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. A “pardon extraordinary” restores all rights not otherwise regained upon completion of sentence, including firearms rights, and in addition 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.” Minn. Nine applications for pardon/commutation were reviewed under Minn. 6600.0500, eight of which were deemed ineligible for review. Applications the Secretary deems “undeserving” on the merits may also be excluded from consideration, with a report to the Board summarizing the application and basis for the exclusion. In the past decade, between 10 and 25 pardons extraordinary have been granted each year, about a third of the cases that are docketed (deemed eligible, according to the statutory criteria).

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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.

Juveniles prosecuted as adults may have their records sealed under this authority upon discharge. [T]he court stated that the benefit respondent stood to gain from expungement, if granted, would override the very purpose of the background check. The court reasoned that because the Minnesota Government Data Practices Act “establishes a presumption that government data are public” for 15 years, see Minn.

Sealing under § 609A.02 may not be sought where destruction of the records available under Minn. Minnesota courts have inherent authority to expunge in two situations: 1) when a convicted offender’s constitutional rights may be seriously infringed by not expunging the record; and 2) even if no constitutional infringement, when expungement will yield a benefit to the offender commensurate with the disadvantages to the public from the elimination of the record and the burden on the court in issuing, enforcing, and monitoring an expungement order. T.’s records held in the executive branch is not necessary to the performance of a unique judicial function”). 1(b) (see above), “[r]ecognition of inherent judicial authority to expunge M. T.’s criminal records held in the executive branch would effectively override the legislative policy judgments expressed in both of these statutes.” 2013 WL 2220826 * 12. Nothing in this chapter authorizes the destruction of records or their return to the subject of the records.” Expungement seals the record, which remains available for law enforcement purposes, for purposes of evaluating a candidate for a law enforcement position, or for purposes of background checks by the Department of Human Services. For purposes of this section, a “‘criminal justice agency’ means courts or a government agency that performs the administration of criminal justice under statutory authority.” : Records of arrest not leading to conviction, convictions that have been expunged, or misdemeanors for which a prison sentence could not be imposed, may not be considered in connection with public employment or licensing decision.

For general pardons and commutations, Secretary of Board screens applications to determine eligibility, and makes recommendations to the Board. In 2010, 178 applications were sent out by the Board, and 32 applications were sent in 2011. The law is effective January 1, 2015, except for domestic violence convictions which are expungeable effective July 1, 2015.

The Board was presented with the problem that its constitutional and statutory authority is limited to granting clemency for “convictions.” The Office of the Attorney General issued an opinion that the Board did have the authority under these unique circumstances to grant the applicant a pardon extraordinary to avoid deportation. of Pardons’ 2011 annual report indicating that “[a]s in the past, when an inquiry for application is made, the staff makes every effort to determine whether the potential applicant meets the eligibility requirements before an application is sent”). The law protects employers from liability where a record has been expunged, and requires background screening companies to delete expunged records.

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