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South Dakota: Adult Convictions (SD-C-4)

South Dakota: Adult Convictions (SD-C-4)

Records relating to an arrest and court proceedings for an incident that is no longer a crime in South Dakota can be destroyed by the Bureau of Criminal Statistics at any time. S.D. Codified Laws § 23-6-8.1.
Record Detail(s)
Decriminalized
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Discretionary
Hearing
No
Clearance Process
Automatic
Remedy
Delete
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The procedure is automatic. The director of the Bureau of Criminal Statistics can authorize the destruction of the records specified in S.D. Codified Laws § 23-6-8.1.
Fees
There is no statutory language regarding fees.
Effect
Records under the control of the Bureau of Criminal Statistics are destroyed. S.D. Codified Laws § 23-6-8.1.
Waiting Periods
The record can be destroyed at any time after the offense is decriminalized.

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