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Minnesota

State Resource Guide

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The Post-Conviction Process

Click on the underlined links to view more information. 

To help you better use this state-by-state resource, here is a glossary of terms used throughout this site.

Post-Sentencing Review

Direct Appeal

State Post-Conviction Motions

Federal Habeas Corpus

Early Release Programs

Prosecutorial Review

Clemency

Victims have rights throughout this whole process. Click here to learn more.

A criminal case may not go through each stage included in this visual representation, or these stages may occur in a different order than they appear in this graphic. Additionally, some cases may go through these stages several times. Each case is unique, and this chart is intended only as a visual aid to help victims and survivors understand the post-sentencing process.

Post-Sentencing Review

After an individual accused of a crime has been convicted and sentenced, they may file motions in the trial court to challenge their conviction or sentence.
  • These can include motions for an acquittal, to vacate the judgment, to withdraw the plea, to correct the sentence, or for a new trial based on new evidence or legal errors in the proceedings.
  • Victims can receive information about post-trial motions from the County Attorney’s Office where the case was prosecuted.

Direct Appeal

After any post-sentencing motions are decided by the court (or if no post-sentencing motions are filed), an individual convicted of a crime may ask a higher court to review the trial court’s and jury’s decisions. This is called a “direct appeal.”
  • On appeal, the court does not admit new evidence or call witnesses but instead reviews what happened in the trial court. If the convicted person pursues an appeal, they may ask to be released while it is pending.
  • The County Attorney’s Office represents the state on direct appeal. To receive appeal updates, victims can contact the County Attorney’s Office where the case was prosecuted.

State Post-Conviction Motions

Post-conviction motions are requests to have the conviction or sentence reviewed that are filed after the direct appeal process has ended.
  • These motions can seek many outcomes, including invalidation of the conviction, a reduced sentence, or permission from the court for that individual to view or find additional information relevant to the case – such as new DNA testing.
  • The County Attorney’s Office represents the State in state post-conviction proceedings. To receive updates on the state post-conviction process, victims can contact the County Attorney’s Office where the case was prosecuted.

Federal Habeas Corpus

After seeking post-conviction relief in state court, a person convicted under Minnesota law may go to federal court in a process called “habeas corpus.”
  • Relief in federal habeas corpus is available only in specific and rare circumstances. Issues often raised in federal habeas cases include claims that the convicted person had an inept attorney, claims that police or prosecutors violated their rights, hid evidence, or committed other misconduct.
  • The Minnesota Attorney General represents the State in federal habeas corpus proceedings. To receive updates, victims can contact the Crime Victim Justice Unit of the Minnesota Department of Public Safety.

Early Release Programs

These include various forms of supervised release, Minnesota’s challenge incarceration program, and conditional medical release.
  • If someone is sentenced to a term of imprisonment, they may be released from prison earlier than expected through several programs available in Minnesota, including:
    • The Minnesota Rehabilitation and Reinvestment Act which allows people to be released after serving only 50% of their sentences if they meet certain goals,
    • supervised release, which allows people convicted of felonies to be released after serving ⅔ of their sentences if they participate in rehabilitative programs and do not violate prison rules,
    • conditional supervised release, which allows people convicted of certain nonviolent drug offenses to be released after serving ½ of their sentences if they have participated in drug treatment,
    • the challenge incarceration program, which allows people within 4 years of release to earn early supervised release by participating in rigorous rehabilitative programs, or conditional medical release, which allows people with either a grave medical condition that would be better served by “specialized” community services or a condition that is expected to be terminal within 12 months to be put on supervised release.
  • Victims can request notification about the early release by completing a Minnesota Haven registration form through the Minnesota Department of Corrections (DOC). Victims can request help by contacting DOC Victim Assistance staff at 1-800-657-3830 or by email at victimassistance.doc@state.mn.us. Victims may also register for notification through VINE. Victims can search the status of an individual in DOC custody through the DOC Public Viewer. Victims can also seek more information about notification through the Office of Justice Programs. Victims must apply for compensation within 3 years of the incident, with limited exceptions.

 

Prosecutorial Review

Prosecutors can reconsider the conviction or sentence to be sure it is just.
  • The state-wide Minnesota Attorney General’s Office has established a special unit to reconsider past prosecutions when there is a strong indication that the person imprisoned could be innocent of the crime for which they were convicted.
  • Some local prosecutors’ offices in Minnesota have recently set up similar units or are considering doing so. For example, Hennepin County created a new Conviction Integrity Unit on July 1, 2024, and both Hennepin County and Ramsey County have now established units to review convicted individuals’ sentences.

Clemency

In rare cases, the Board of Pardons may grant the convicted person relief from their conviction or sentence.

Victims Rights
Post-Conviction

In Minnesota, victims have the right to:
  • Notification of post-conviction rights
  • Automatic notification of appeal and notification of the outcome of the appeal
  • An explanation of the appeal process and the appellate issues in their case
  • Attend oral arguments or hearings during the appeal
  • Notification of the modification of the convicted individual’s sentence*
  • Notification of change in confinement status of the convicted individual*
  • Notification of the incarcerated individual’s escape, release from custody, and parole*
  • Request restitution and the right to apply for crime victim compensation
  • Prompt return of property when it is no longer needed as evidence

 

* These rights to notification require the victim to provide and update their information with the District Attorney, Attorney General, Department of Corrections, and/or the Board of Paroles and Pardons.

Compensation

  • Restitution is a court-ordered payment from the defendant to the victim to account for the victim’s economic loss. Apart from court-ordered restitution, the Crime Victims Reimbursement Board reimburses victims for expenses related to the crime, such as lost wages, medical care, and funeral expenses.
  • Victims may request assistance with unpaid restitution through the County Attorney’s Office where the crime was prosecuted and the District Court where the case was prosecuted. Victims can get more information and an application on the Crime Victims Reimbursement Board website or by contacting the Department of Public Safety’s Office of Justice Programs by email or phone at 651-201-7300 or 888-622-8799. Victims must apply for compensation within three years of the incident.
Click here to learn more about the post-conviction process and victims’ rights in Minnesota

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