Expungement of a criminal sexual conduct or sexual assault charge in Minnesota: lessons from a recent clemency hearing
If you have a criminal sexual conduct or sexual assault conviction in Minnesota, you are likely reading this because you want it off your record. These types of cases are particularly challenging to get off your record because if part of your sentence was a requirement to register as a predatory offender under Minnesota statute 243.166, you are not eligible to petition for expungement. This includes most of the criminal sexual conduct crimes in Minnesota. If this applies to you, do not stop reading. There may be another way to clear your record.
Pardons: the alternative route
In contrast to expungement, pardons do not include any prohibition on a type of crime that you are not able to petition for a pardon. It is more difficult to get a pardon than an expungement, but it is still a viable option to pursue if you are eligible. The waiting period to apply for a pardon is five years after the expiration of your sentence. This means that you must remain crime free for five years after discharge of probation, and five years after conditional release if that was part of your sentence. Seeking a pardon requires two hearing where you first go before the Clemency Review Commission; and if they recommend a pardon, you go before the Pardon Board.
Strategy in seeking a pardon of a criminal sexual conduct case
On February 7, 2025, the Clemency Review Commission had a hearing for applicants. One of the applicants was seeking a pardon of a criminal sexual assault conviction. The applicant was insisting he was innocent of the original charges even though he was convicted at trial. As a St Paul criminal defense attorney I am well aware of how people are falsely accused and wrongfully convicted in this criminal justice system that works imperfectly. And there was one member of the Clemency Review Commission who acknowledged this reality. However, the allegations in the underlying case involved two separate women who both made allegations against the defendant. Multiple members of the Clemency Review Commission commented on them not being able to stomach the applicant’s story that both these woman fabricated stories of sexual assault. He lost with 9 votes to 0 on being recommended for a pardon. This case illustrates the difficulty with going before the pardon board asking for a pardon if you are claiming you are innocent. There is no rule that prevents you from asking for a pardon if you were innocent. But it is imperative as you develop a strategy for your pardon hearing that you understand the challenges you face if you are asserting you were innocent. It is generally looked up more favorably if you own up to your offense rather than claim you are innocent. But there is no one size fits all strategy to seeking a pardon.
Conclusion
If you want to expunge or pardon a criminal sexual conduct case from your record, you want an attorney who is knowledgeable, experienced, and well versed in the law on expungements and pardons. There are many attorneys in the state of Minnesota who offer to do expungements, but don’t practice in the area enough to know the intricacies of the law and how to utilize that to their client’s advantage. Contact Jack Rice Defense today for a free consultation. 651-447-7650
