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Post Conviction Relief

THE PROBLEM: The 2 Year Limit

Minnesota’s criminal justice system already has a way to fix or revisit past convictions that were obtained improperly. However, today’s post-conviction relief tool requires a claim to be brought within two years of the conviction. This is one of the strictest time-limits in the region. Some states do not even have a time-limit. Moreover, the time limit does not recognize that the consequences of a conviction may not become apparent until years or decades later.

This is especially true in the ever-shifting world of immigration. The retroactive nature of many of our federal laws has now triggered people with old criminal convictions and they are now facing deportation several years after they were convicted. Without access to post-conviction relief, ICE could deport Minnesotans who were NOT told that their conviction could lead to immigration consequences.

Without access to PCR, these Minnesotans could face deportation. If a person came to the United States as a child and has spent their life here, they may have no connection to the country they came from – in many cases, they know no one, and they don’t speak the language. Deporting them for what may be a faulty conviction is inhumane.

“I continue to share my story, and meet with other impacted individuals. It’s my way of pushing the love back into my community. Being inside ICE detention centers was tough, but because of community love I survived.”

Ched Ninh

“My dad made a mistake in 1996, when he was 18 years old, a year younger than I am today, and hasn’t gotten in trouble since…I am asking the state to please consider giving people like my dad another chance. Support my dad’s petition for Post-Conviction Relief, Pass the bill, and Support Keeping Families, like mine, Together.”

Damu Vang

THE SOLUTION: The Legislation

No matter who we are, where we were born or when we moved here, all Minnesotans should have the opportunity to work hard, take responsibility for their family, contribute to the community and have a fair shot at building a better life. To ensure this, we need just, fair and responsible laws that recognize people’s humanity, provide meaningful second chances and respect everyone’s right to remain in and contribute to their community.

The legal system can only exist if there are ways to correct mistakes in the system. To provide purposeful relief to those involved in the justice system, we need to expand access to justice and pass HF833/SF1514 which will allow individuals the opportunity to seek relief from a wrongful conviction regardless of how much time has elapsed.

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