Minnesota § 638.18 - FILING COPY OF CLEMENCY; COURT ACTION
Full text of Minnesota Minnesota Statutes § 638.18 — FILING COPY OF CLEMENCY; COURT ACTION, with citation guidance and answers to common questions.
§ 638.18. FILING COPY OF CLEMENCY; COURT ACTION
Subdivision 1.Filing with district court.
After clemency has been granted, the commission must file a copy of the pardon, commutation, or reprieve with the district court of the county in which the conviction and sentence were imposed.
Subd. 2.Court action; pardon.
(a) For a pardon, the court must:
(1) order the conviction set aside;
(2) include a copy of the pardon in the court file;
(3) order all records wherever held relating to the arrest, indictment or information, trial, verdict, and pardon sealed and prohibit the disclosure of the existence of the records or the opening of the records except under court order or pursuant to section 609A.03, subdivision 7a, paragraph (b), clause (1), (7), or (8); and
(4) send a copy of the order and the pardon to the Bureau of Criminal Apprehension and all other government entities that hold affected records.
(b) Consistent with section 609A.03, subdivision 8, the court administrator shall send a copy of the expungement order to each government entity whose records are affected by the order, including but not limited to the Department of Corrections, the Department of Public Safety, and law enforcement agencies.
Subd. 3.Court action; commutation.
For a commutation, the court must:
(1) amend the sentence to reflect the specific relief granted by the board;
(2) include a copy of the commutation in the court file; and
(3) send a copy of the amended sentencing order and commutation to the commissioner of corrections and the Bureau of Criminal Apprehension.
History:
Official Publication of the State of Minnesota
Revisor of Statutes
Source: official Minnesota text · Last verified 2026-08-27
Frequently Asked Questions About Minnesota § 638.18
What does Minnesota Statutes § 638.18 cover?
Section 638.18 ("FILING COPY OF CLEMENCY; COURT ACTION") is part of the Minnesota Statutes, the codified statutory law of Minnesota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Minnesota § 638.18?
A common citation format is "Minnesota Statutes § 638.18" (Minnesota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Minnesota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Minnesota official source linked on this page or consult a licensed Minnesota attorney.
How does Minnesota § 638.18 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Minnesota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Minnesota.