Post-Conviction Relief (HF 4045 | SF 3939)

In Minnesota, a person convicted of a crime has only two years to file for postconviction relief to stay an unjust or wrongful conviction. After two years have passed, post-conviction relief may only be obtained if the original prosecutor agrees to waive the time limit. PCR would allow courts to provide an exception to the two-year time limit when it is in the interest of justice. This way, people wrongfully convicted of crimes will no longer be at the mercy of individual prosecutors, and instead will have a fair opportunity to challenge their convictions in court.

Common reasons for PCR include: newly discovered evidence, police or prosecutor misconduct, ineffective assistance of counsel, or a violation of a person’s constitutional rights. When these harms occur, it’s essential that they are corrected: When harms go unaddressed, it undermines our justice system and everyday people pay the price. PCR helps ensure our justice system is fair and allows it to fix past mistakes and harms.

When someone is convicted of a crime, it impacts nearly every area of their lives, including their ability to find and maintain housing, employment, custody of children, and – for immigrants – their ability to stay in the United States. The stakes are too high for mistakes to go uncorrected, regardless of how much time has passed.

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