If you think something went wrong in your criminal case, Minnesota has a way to raise it after the case is over. It’s called a postconviction petition. Here’s what to know before you file a postconviction petition, from what goes in it to what happens next.
Who can file
A person convicted of a crime can file a petition in district court in the county where the conviction happened. The petition can claim the conviction or sentence violated the person’s rights under state or federal law. It can also rest on new scientific evidence that shows actual innocence, from testing a court ordered after the trial.
There are two limits on timing and topics. A petition can’t be filed while a direct appeal is still available. And once a direct appeal is done, the petition can’t raise issues that could have been raised in that appeal.
What the petition must include
Minnesota law lists what goes in the petition:
- The facts, the grounds for relief, and what you’re asking the court to do.
- The case you were convicted in, including the date of judgment and sentence.
- Any earlier efforts to get relief, and the grounds used.
- The name and address of your lawyer, if you have one.
The petition should state facts. It should not contain legal argument or case citations. Every ground for relief should be in it, unless it couldn’t reasonably have been included.
What it costs
There are no court costs or fees to file the petition. The same is true for anything filed later in that case.
Help if you can’t afford a lawyer
If you file without a lawyer, the court administrator must send a copy to the state public defender and let you know about that referral. A person who can’t afford a lawyer can also apply to the state public defender for help.
Timing matters
For many people, filing on time is the biggest hurdle. Most petitions must be filed within two years, and the start of the clock depends on whether you appealed. Before you count on any extra time, read this guide to Minnesota’s two-year postconviction filing deadline and its narrow exceptions.
What happens after you file
- The State responds. The county attorney or attorney general has 45 days to answer, unless the judge sets a different time.
- The court reads it fairly. The judge must read the petition liberally and look at its substance, not small defects in form.
- A hearing may be set. Unless the files clearly show you aren’t entitled to relief, the court must promptly set a hearing.
- The hearing location. Hearings are held in open court in the district where you were convicted. The judge may also hold it in the Second, Fourth, Seventh, or Tenth Judicial District. The Fourth District is Hennepin County.
- You carry the burden. Unless the court orders otherwise, the petitioner must prove the facts by a fair preponderance of the evidence.
The court can also deny repeat petitions that ask for similar relief without a full hearing.
If the court says no
Either side can appeal the order. The notice of appeal must be served within 60 days after the order is entered. There are no fees or bond for costs on that appeal.
Tips before you file
- Get a full copy of your court file, including the judgment and sentence.
- Write a simple timeline with the date of conviction and the date of any appeal decision.
- List every ground for relief now. The law expects all grounds to be in the petition unless you couldn’t reasonably have included them.
- Keep proof of when you filed and who you served.
Read the statute
The full process is in chapter 590 of Minnesota Statutes. It is short and fairly plain.
The bottom line
A postconviction petition is a real chance to fix a serious problem in a case. But it has rules about what goes in it, when it’s filed, and what can be raised. Getting those right from the start matters.