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South Dakota: Adult Convictions (SD-C-1)

South Dakota: Adult Convictions (SD-C-1)

Records relating to a charge or conviction for a petty offense, municipal ordinance violation, or a Class 2 misdemeanor as the highest charge can be removed from the public record after 5 years, if all court-ordered conditions are satisfied. S.D. Codified Laws § 23A-3-34.
Record Detail(s)
Misdemeanor
Previous Conviction Disqualifying
Potentially, see statute
Mandatory / Discretionary
Mandatory
Hearing
No
Clearance Process
Automatic
Remedy
Seal
Ineligible Category or Citation
This provision applies only to petty offenses, municipal ordinance violations, and Class 2 misdemeanors.
Procedure General
The procedure is automatic. Charge or conviction is automatically removed from the person's public record after 5 years. For the specific procedure, see S.D. Codified Laws § 23A-3-34.
Fees
There is no statutory language regarding fees.
Effect
The charge or conviction is removed from the person's public record but remains available to court personnel or by court order and may be used as an enhancement in the prosecution of subsequent offenses as provided by law. S.D. Codified Laws § 23A-3-34.
Waiting Periods
The records are removed after 5 years.

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