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Subdivision 1.Restoration.
Whenever a person who has been committed to the custody of the commissioner of corrections upon conviction of a crime following certification under the provisions of section 260B.125 is finally discharged by order of the commissioner, that discharge shall restore the person to all civil rights. The commissioner shall file a copy of the order with the district court of the county in which the conviction occurred.
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Subd. 2.Order of discharge.
Whenever a person described in subdivision 1 has been placed on probation by the court pursuant to section 609.135 and, after satisfactory fulfillment of it, is discharged from probation, the court shall issue an order of discharge pursuant to subdivision 2a and section 609.165.
This order restores the defendant to civil rights.
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Subd. 2a.Crimes of violence; ineligibility to possess firearms.
The order of discharge must provide that a person who has been convicted of a crime of violence, as defined in section 624.712, subdivision 5, is not entitled to ship, transport, possess, or receive a firearm for the remainder of the person's lifetime. Any person who has received such a discharge and who thereafter has received a relief of disability under United States Code, title 18, section 925, or whose ability to possess firearms has been restored under section 609.165, subdivision 1d, shall not be subject to the restrictions of this subdivision.
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1971–2025 · leading case:
State v. Grillo, 661 N.W.2d 641 (Minn. Ct. App. 2003).
State v. Grillo, 661 N.W.2d 641 (Minn. Ct. App. 2003).
· cites it 2× “Although Minn.Stat. § 242.31, subd. 2a (2000) states that notice of the restriction shall be provided in the notice of discharge, this was impossible in appellant’s case because section 624.”
Barlow v. Comm'r of Pub. Saf., 365 N.W.2d 232 (Minn. 1985).
· cites it 2× “1977), at least under certain circumstances, “to wipe the slate clean”; and Minn.Stat. § 242.31 (1984), dealing with restoration of a convicted person to his civil rights.”
Tuten v. United States, 460 U.S. 660 (1983).
“§21-4619 (1981); Minn. Stat. §242.31 (1982). 9 See, e. g., Hearings, supra n.”
United States v. Robert P. Kelly, 519 F.2d 794 (8th Cir. 1975).
· cites it 2× “The parties stipulated that Kelly had been convicted in Minnesota state court in 1970 of the crime of simple robbery, that he had served time in a reformatory pursuant to that conviction, and that, upon his release in August, 1973, he was granted a restoration of civil rights by…”
State v. Siirila, 193 N.W.2d 467 (Minn. 1971).
· cites it 2× “On June 24, 1971, he was discharged and his civil rights were restored under § 242.31, which reads: "Whenever a person committed to the commission upon conviction of a crime is discharged from its control other than by expiration of the maximum term of commitment as provided in…”
State v. R. L. F., 256 N.W.2d 803 (Minn. 1977).
· cites it 2× “Section 242.31, quoted above, uses the words and phrase “purge and free him from all penalties and disabilities arising from such conviction and it shall not thereafter be used against him * * It seems clear that the legislature is allowing for expungement in this statute also,…”
State v. M.B.M., 518 N.W.2d 880 (Minn. Ct. App. 1994).
· cites it 2× “11 to that of Minn.Stat. § 242.31, subd. 3 (1992) (restoration of civil rights to juvenile offenders): "the court shall order the conviction set aside and all records pertinent to the conviction sealed.”
Randy Terrell Mayberry v. State of Minnesota (Minn. Ct. App. 2023).
· cites it 20× “In 2003, the legislature amended Minn. Stat. §§ 242.31 and 624.713, subd. 1, to provide that those convicted of unlawful possession of a firearm based on a prior conviction for a crime of violence are ineligible to possess firearms for their lifetimes if they have been…”
State of Minnesota v. Steven Anthoni McMorris-Rice, Appellant./li> (Minn. Ct. App. 2014).
· cites it 16× “” He nonetheless argues for relief based on “the notification duties owed to juvenile offenders” under Minn. Stat. § 242.31 (2012). He contends that “there was a failure by the [district] court to perform the affirmative duty of providing appropriate notice under Minn.”
In Re Rlf, 256 N.W.2d 803 (Minn. 1977).
· cites it 2× “Section 242.31, quoted above, uses the words and phrase "purge and free him from all penalties and disabilities arising from such conviction and it shall not thereafter be used against him * * *.”
State v. MBM, 518 N.W.2d 880 (Minn. Ct. App. 1994).
· cites it 2× “11 to that of Minn.Stat. § 242.31, subd. 3 (1992) (restoration of civil rights to juvenile offenders): "the court shall order the conviction set aside and all records pertinent to the conviction sealed.”
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