For many Minnesotans, a governor’s pardon offers an opportunity to move forward after a criminal conviction by restoring rights and reducing long-term consequences. However, the pardon process in Minnesota has historically been difficult to navigate, with limited transparency, low approval rates, and little public awareness of eligibility or application requirements.
Recent reforms have significantly changed how Governor’s Pardons in MN are reviewed. With the creation of the Clemency Review Commission, the process is now more structured, transparent, and accessible. Understanding these changes is essential for applicants seeking a fair review and a genuine second chance.
Background: Governor’s Pardons In MN
Minnesota’s pardon process previously required unanimous approval from the governor, attorney general, and chief justice, often limiting approvals. The system lacked transparency, had low application rates, and few people knew they could apply for a pardon.
Historical Overview
Traditionally, pardons in Minnesota were granted through the Board of Pardons, consisting of the governor, attorney general, and chief justice. Applicants had to petition directly to the board, presenting their case in a single hearing. A unanimous vote was required to grant a pardon, making approvals rare.
The governor played a key role, holding equal voting power with the attorney general and chief justice. However, without a formal review process, decisions often lacked consistency, and many applicants faced unclear guidelines and lengthy waits.
Need For Change
Despite its intent, the old pardon system faced several challenges:
- Lack of Transparency – Decisions were made with little insight into the criteria used.
- Low Approval Rates – Historically, only around 40% of applicants were granted pardons.
- Limited Public Awareness – Many eligible individuals didn’t know they could apply for a pardon.
To address these issues, reforms were introduced in 2023, creating a more structured, accessible, and fair clemency process.
The New Clemency Process And Legislative Reforms
Minnesota’s clemency process has undergone major reforms with the introduction of H.F. 2788, creating a structured Clemency Review Commission to improve fairness, efficiency, and transparency in the governor’s pardons in MN.
Overview Of Recent Changes
In 2023, Minnesota enacted H.F. 2788, a landmark bill transforming the clemency process. The goal? Increase transparency, efficiency, and accessibility for those seeking pardons. One of the biggest changes was the creation of the Clemency Review Commission, which now plays a central role in reviewing applications before they reach the Pardon Board.
This commission was designed to streamline the process by conducting in-depth evaluations, making data-driven recommendations, and ensuring fairer outcomes. The Pardon Board still makes final decisions, but now, with structured input from legal experts, community leaders, and policymakers.
Key Elements Of The New Process
The new clemency process operates in two steps:
- Clemency Review Commission Review – Applicants first present their case to the nine-member commission, which evaluates their petition, supporting documents, and rehabilitation efforts. The commission then makes a recommendation to grant or deny the pardon.
- Pardon Board Hearing – The applicant then appears before the Pardon Board, where the governor, attorney general, and chief justice make the final decision, largely guided by the commission’s recommendation.
Enhanced Roles Of Key Officials
Under the new system, the governor, attorney general, and chief justice still serve on the Pardon Board, but their roles have expanded:
- They now appoint the Clemency Review Commission members, ensuring a balanced and experienced panel.
- The governor has more influence in the final voting process, shifting away from the previous requirement for unanimous approval.
Increased Transparency And Accountability
These reforms aim to make the pardon process clearer and more accessible for applicants:
- Publicly available data – Decisions and recommendations from the commission are now more transparent.
- Defined criteria for eligibility – Applicants now have clearer guidelines on what qualifies for a pardon.
- Improved communication – Victims, prosecutors, and sentencing judges are now notified of pardon applications, allowing for more informed decisions.
With these major reforms, Minnesota’s clemency process is now more structured, fair, and applicant-friendly, giving more people a real shot at a fresh start.
Insights From The First Pardon Board Meeting
The first Minnesota Pardon Board meeting with the new rules took place on December 20, 2024. It showed how the new clemency process works in action. Key takeaways from the meeting indicate a more streamlined and applicant-friendly system.
Unified Decision-Making
The strong alignment between the Pardon Board and the Clemency Review Commission was a key outcome. The board approved every case recommended for a pardon by the commission and denied all cases the commission advised against.
This shows that the commission has a big impact. Applicants need to make strong cases during the first review. The two-step process seems efficient. There are no major differences between the two decision-making bodies.
High Approval Rates
A significant shift was observed in the approval rates. Historically, Minnesota granted pardons to about 40% of applicants. However, approximately 90% of applicants received favorable recommendations at this meeting.
While it’s unclear if this high success rate will continue, it signals greater opportunities for those seeking a pardon under the new system. The structured review process may also contribute to stronger applications to the final stage.
Outreach & Awareness
Governor Tim Walz, Attorney General Keith Ellison, and Chief Justice Natalie Hudson highlighted the importance of raising public awareness about the pardon process.
Minnesota has historically seen fewer pardon applications than many other states due to low public awareness. The Pardon Board wants to help more Minnesotans know if they qualify and how to apply.
Media coverage of the first meeting was low. So, it was important for community groups, legal advocates, and individuals to raise awareness about the new clemency process.
Inside The Clemency Review Commission
The Clemency Review Commission is key in Minnesota’s new pardon process. It ensures applications are carefully checked before they go to the Pardon Board. This commission brings structure, fairness, and increased access to pardons and commutations.
Structure & Membership
The commission has nine members. They are chosen by the governor, attorney general, and chief justice. These members bring different viewpoints. They include legal professionals, criminal justice experts, and community representatives.
The commission meets four times a year. They check pardon and commutation requests. Then, they suggest decisions to the Minnesota Pardon Board. They provide an independent and informed evaluation before making the final decision.
Review Process & Criteria
The clemency process has two steps. First, the commission does an initial review. Then, applicants move on to the Pardon Board. The steps include:
- Application Screening: All pardon applications are reviewed to determine eligibility based on legal requirements.
- Hearing Selection: If eligible, cases are scheduled for a hearing before the commission, where applicants can present their case.
- Victim & Community Input: Victims, sentencing judges, and prosecutors are notified and can provide input on the application.
- Decision & Recommendation: The commission votes on each case, recommending either approve or deny a pardon.
- Final Pardon Board Review: The Minnesota Pardon Board makes the final decision, heavily considering the commission’s recommendations.
Statistics & Agenda Highlights
At the first commission meetings, the following numbers emerged:
- 120 pardon applications received
- Over 60 applications screened before April 2024
- 53 cases scheduled for hearings (August, September, and October)
- 90% of applicants received favorable recommendations
- 40% of commutation applications are deemed ineligible due to parole requirements.
The commission’s structured approach leads to fairer and more consistent decisions. This gives applicants a better chance at a pardon. The data shows the new process works well. Approval rates are higher, and applicants have clearer guidelines.
What These Changes Mean For Applicants?
Minnesota’s new clemency process offers a clearer, more structured path to obtaining a pardon. These reforms increase transparency, improve access, and give applicants a better chance of success.
Improved Access And Transparency
One of the biggest improvements is greater accessibility. Under the old system, many eligible individuals didn’t even know they could apply for a pardon. Now, with the Clemency Review Commission handling initial screenings, applicants receive structured guidance and a fairer review process.
Additionally, the high approval rates from the first Pardon Board meeting suggest that more applicants may now be granted pardons, allowing them to clear their records and move forward.
Preparation & Legal Guidance
With the new two-step process, intense preparation is more important than ever. Applicants must first convince the Clemency Review Commission before advancing to the Pardon Board. Key preparation tips include:
- Gathering supporting documents, such as certificates, letters of recommendation, and evidence of rehabilitation.
- Understanding the review criteria to ensure their application aligns with eligibility requirements.
- Seeking experienced legal counsel to navigate the process effectively.
While many attorneys offer pardon services, not all are well-versed in the new rules. Hiring a lawyer specializing in pardons and expungements can significantly improve an applicant’s chances of success.
Broader Impact On Criminal Justice Reform
Beyond individual applicants, these reforms represent a shift toward a fairer justice system. The Clemency Review Commission provides oversight, ensuring decisions are made consistently and fairly.
By making the process more transparent and accessible, Minnesota is taking steps toward meaningful criminal justice reform, helping individuals rebuild their lives while reducing barriers to employment, housing, and social reintegration. These changes signal a new era of second chances, allowing more Minnesotans the opportunity to move forward with a clean slate.
Can A Governor’s Pardon Be Overturned?
A governor’s pardon is generally considered a final act of clemency. However, limited legal questions sometimes arise about whether a pardon can be challenged, reviewed, or withdrawn under specific and unusual circumstances.
General Rule: Pardons Are Final
In most states, including Minnesota, a governor’s pardon is final once it is lawfully granted and accepted. Courts typically view pardons as an executive power protected by the state constitution. As a result, judges are very reluctant to interfere with clemency decisions, even when a pardon is controversial or unpopular, unless there are clear legal violations.
Limited Situations Where A Pardon May Be Challenged
Although rare, a pardon may be challenged if it was obtained through fraud, bribery, or false information. Courts may also review a pardon if the required legal procedures were not followed. In some cases, an undelivered or unaccepted pardon may be withdrawn before it becomes legally effective, depending on state law.
What Minnesota’s New Clemency Process Means For Finality
Minnesota’s new Clemency Review Commission adds structure, oversight, and transparency to the pardon process. Applications are reviewed carefully before reaching the Pardon Board, reducing errors or misconduct. This added review strengthens the legitimacy and finality of pardons once approved, giving applicants greater confidence that granted pardons will remain valid.
FAQs
1. Does A Governor’s Pardon Restore All Rights In Minnesota?
A governor’s pardon may restore certain civil rights, such as voting or firearm eligibility, depending on the conviction and Minnesota law. It does not automatically expunge records, meaning separate court action may still be required to seal or clear criminal history after review by the court.
2. How Long Does The Governor’s Pardon Process Take In Minnesota?
The Minnesota governor’s pardon process varies based on application volume, commission schedules, and case complexity. Even with the new Clemency Review Commission, applicants should expect several months of review, hearings, and final board consideration before a decision is issued, depending on circumstances and the preparedness of submitted materials.
3. Do You Need A Lawyer To Apply For A Governor’s Pardon?
An attorney is not required to apply for a governor’s pardon in Minnesota. However, legal guidance can help determine eligibility, prepare strong documentation, address past convictions properly, and present rehabilitation clearly, which may improve the likelihood of receiving a favorable recommendation from the Clemency Review Commission.
Conclusion
Minnesota’s updated clemency process represents meaningful progress toward a fairer and more efficient governor’s pardon system. With guidance from the Clemency Review Commission, applicants now have clearer standards and improved opportunities for approval. Proper preparation remains critical, including gathering documentation and understanding eligibility requirements.
For those seeking a governor’s pardon, experienced legal guidance can make a significant difference. To learn more or schedule a free consultation, contact the attorneys at Leverson Budke, PLLC today.
