Appeal vs. Post-Conviction vs. Pardon in Minnesota: What You Need to Know

If you’ve been convicted of a crime in Minnesota, that doesn’t have to be the end of the story. Depending on your case, you may have options to challenge the conviction, reduce your sentence, or clear your record entirely. But which path is right for you?

Here’s a breakdown of three common post-conviction remedies—appeals, post-conviction petitions, and pardons.

Each of these legal remedies serves a different purpose. They have different deadlines, procedures, and chances of success. Attorney Sarah Gad explains what you need to know if you’re exploring your options after a conviction in Minnesota.

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1. Direct Appeal: Correcting Legal Errors

An appeal is a direct challenge to what happened in the trial court. It asks a higher court—usually the Minnesota Court of Appeals—to review the case and determine whether the judge or prosecutor made any legal errors that impacted the outcome. This could include things like admitting illegal evidence, misapplying the law, giving faulty jury instructions, or imposing an unlawful sentence.

Appeals are time-sensitive. In felony cases, you must file a Notice of Appeal within 90 days of your sentencing or final judgment order. For misdemeanor convictions, you have 30 days. Miss the window, and you may lose your right to appeal altogether.

It’s important to understand that an appeal is not a new trial. You can’t present new evidence or call new witnesses. The appellate court reviews what’s already in the record—transcripts, motions, rulings—and decides whether the law was applied correctly. That makes your written legal arguments (called briefs) and your attorney’s command of the law absolutely critical.

Mario Casciaro with Sarah Gad when he was released from prison after his murder conviction was reversed on direct appeal.

While appeals are hard to win—especially in cases where the trial judge “checked all the boxes”—they often succeed when there’s a clear legal error or a miscarriage of justice. In some cases, a successful appeal can result in a new trial, a reduced sentence, or a complete reversal of the conviction. If a conviction is reversed because of insufficient evidence, there is a double jeopardy bar against retrial.

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2. Post-Conviction Relief: Reopening the Case with New Evidence

If the appeal window has passed—or if something new comes to light after the trial—a person may be eligible to file a petition for post-conviction relief. This is a legal tool that allows someone to challenge their conviction based on new facts, constitutional violations, or mistakes that couldn’t have been raised earlier.

Unlike a direct appeal, post-conviction petitions can include new evidence that wasn’t part of the original trial. That could be a witness who comes forward to recant, new forensic science that contradicts the prosecution’s theory, or even evidence that prosecutors withheld material information (a Brady violation). It’s also how you challenge a plea that was coerced, misinformed, or entered without effective assistance of counsel.

In Minnesota, post-conviction petitions generally must be filed within two years of the conviction becoming final. However, there are important exceptions—such as newly discovered evidence or changes in the law that apply retroactively. If you can prove that new evidence would likely have changed the outcome, the court may grant an evidentiary hearing, giving you a chance to present testimony, documents, or expert opinions to support your claim.

Success in post-conviction cases often depends on the strength of your new evidence, your legal arguments, and your ability to show that justice wasn’t done the first time around. These cases are complex and fact-intensive, and they require meticulous preparation and aggressive advocacy.

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3. Pardons: Seeking Mercy, Not Litigation

Unlike appeals or post-conviction petitions, a pardon isn’t about legal errors or courtroom arguments. It’s about forgiveness. A pardon is granted by the Minnesota Board of Pardons—made up of the Governor, Attorney General, and Chief Justice—and restores the civil rights of someone who’s already completed their sentence and demonstrated rehabilitation.

In most cases, you must wait at least five years after completing your sentence (or ten years for violent felonies) before applying for a pardon. You’ll need to show that you’ve remained law-abiding, have taken responsibility for your actions, and that your conviction is creating a hardship—whether it’s making it harder to get a job, secure housing, or fix your immigration status.

Pardon applications require significant documentation. You’ll need to submit a detailed personal statement, gather letters of support, and explain why you deserve a second chance. The process includes a public hearing, where you may be asked to speak. And it’s important to know that all three members of the Board must vote in favor of granting the pardon.

While pardons are rare, they’re not impossible. We’ve helped clients win them by building compelling, credible applications backed by facts, community support, and a genuine showing of rehabilitation.

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Choosing the Right Path Forward

Whether you’re trying to undo a wrongful conviction, fix an unfair sentence, or move on with your life after serving your time, it’s crucial to understand which legal avenue fits your situation.

• If you just got convicted and believe the court made a legal mistake? File an appeal—and do it quickly.

• If time has passed and new information has come to light? Consider a post-conviction petition.

• If you’ve turned your life around and want to clear your record? Apply for a pardon.

  
  

At Gad & Gad Law Offices, we handle all three. We fight to reverse wrongful convictions, reopen cases where justice wasn’t served, and help deserving people earn a clean slate. But timing is everything—because there are deadlines. If you're ready to take the next step, we're ready to help. Contact us today.