South Dakota: Adult Convictions (SD-C-5)

Records relating to a conviction which has been pardoned can be sealed. S.D. Codified Laws §§ 24-14-1; 24-14-11.

Record Detail(s)

Pardon

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. Upon the granting of a pardon, the governor will order that all official records relating to the pardoned person's arrest, court proceedings, application for a pardon, and the proceedings of the Board of Pardons and Paroles be sealed. For the specific procedure see S.D. Codified Laws §§ 24-14-11; 24-14-4 et seq.

Fees

There is no statutory language regarding fees.

Effect

The person is restored to pre-arrest status and need not disclose the arrest in response to any inquiry. The document certifying that the governor has pardoned a person remains public for five years. The nonpublic record is retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing for any subsequent offense. S.D. Codified Laws § 24-14-11.

Forms

For information regarding expunging information regarding an executive clemency pardon, visit here.

Waiting Periods

The order sealing the record is entered upon the granting of the pardon.

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