After The Appeal
Minn. Stat. 590.01 — two years after the conviction or the direct appeal, whichever is later
Two years. No petition for postconviction relief may be filed more than two years after the later of the entry of judgment of conviction or sentence, if no direct appeal is filed, or an appellate court's disposition of the direct appeal.
- A physical disability or mental disease prevented a timely claim.
- Newly discovered evidence, including scientific evidence, that could not have been found with due diligence within the two years, is not cumulative, and is not for impeachment.
- A new interpretation of constitutional or statutory law by the United States Supreme Court or a Minnesota appellate court that applies retroactively.
- The petition is not frivolous and is in the interests of justice.
Those are among the exceptions to the time limit. A petition invoking one is filed within two years of the date the claim arises.
What it reaches. A person convicted of a crime may petition the district court of the county of conviction claiming the conviction or sentence violated their rights under the federal or state constitution or laws, or that scientific evidence not available at trial establishes actual innocence. After a direct appeal, a petition may not rest on grounds that could have been raised on that appeal.
Federal habeas corpus has a deadline of its own, which runs separately and is not on this page. Whether a petition is timely, and which grounds can still be raised, are questions for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 590.01 — Availability, conditions
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.