Expungement of a threats of violence or terroristic threats case in Minnesota: Lessons from a recent clemency hearing

Feb 10

If you have been convicted of threats of violence or terroristic threats in Minnesota under Minnesota statute 609.713, you may be wanting to get it off your record. This can show up on background checks for employment, housing, or while you are traveling internationally. The first step in clearing your record is figuring out if you are eligible for expungement.

Felony threats of violence is not eligible for expungement

It is important to know at the outset that if you were convicted of a felony threats of violence of threats of violence that you are not eligible for expungement. In Minnesota, you can only expunge certain felonies. There is a list of 53 felonies under Minnesota statute 609A.02 that are eligible for expungement. Threats of violence is not on that list. The one caveat is that if your conviction was converted to a misdemeanor following probation through a stay of imposition, you may be eligible if you have been crime free for 5 years since discharge from probation. But this only occurs if the court records show that you received a stay of imposition as a sentence. If you are unsure whether you received a stay of imposition or not, it’s advised to contact a skilled expungement attorney to explore your options.

The alternative route: seeking a pardon through a clemency hearing

If you did not receive a stay of imposition, expungement is not an option for you. But you can seek a pardon if you have been crime free for 5 years following discharge from probation. A pardon is a more difficult process, where you need to make your case before the 9 person clemency review commission. And then the clemency review commission passes the case onto the pardon board consisting of the governor, attorney general, and the chief justice of the Minnesota Supreme Court. Despite its difficulty, a skilled attorney can leverage the best parts of your case and who are you are to your benefit, and mitigate any difficult parts of your case.

A recent clemency hearing with lessons for threats of violence applicants

On February 7, 2025, the Clemency Review Commission had a hearing. There were two people requesting a pardon for threats of violence and the contrasts between are a lesson to those seeking to clear a threats of violence case from their record. One person told a story about the original offense claiming his offense was a prank that he pulled on the victim. It difficult to believe his story as it was hard to square with the facts as found in the police reports. From reading the room, it was clear even before the Clemency Review Commission voted that they were going to vote against him. But then there was another person seeking a pardon of a threats of violence case who took full accountability of his actions and demonstrated he had lived a good life in the 20+ years since the incident. Not only did the Clemency Review Commission vote to recommend a pardon to him, they did so unanimously without even asking him any questions. Which is rare for the Clemency Review Commission that frequently asks multiple questions of each applicant. These two threats of violence cases provide lessons for anyone who seeking to get a threats of violence off their record, as how you make your case to the Clemency Review Commission can be the difference between being recommended a pardon or being denied a pardon.

Conclusion

If you want to expunge or pardon a threats of violence 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