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South Dakota: Adult Diversion/Deferral Program (SD-D-1)

South Dakota: Adult Diversion/Deferral Program (SD-D-1)

Upon dismissal for the successful completion of pre-judgment probation for a person with no prior convictions, records of arrest and court proceedings are sealed. S.D. Codified Laws §§§ 23A-27-17; 23A-27-12.2; 23A-27-13.
Record Detail(s)
Completion of diversion or deferral program
Previous Conviction Disqualifying
Yes, all
Mandatory / Discretionary
Mandatory
Hearing
No statutory language
Clearance Process
Automatic
Remedy
Seal
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The procedure is automatic. Upon dismissal, the court orders the public records of arrest and court proceedings sealed. For the specific procedure, see S.D. Codified Laws §§ 23A-27-12.2 et seq.
Fees
There is no statutory language regarding fees.
Effect
The nonpublic records are retained by the Division of Criminal Investigation. The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. S.D. Codified Laws § 23A-27-17.
Waiting Periods
The record is sealed upon the successful completion of probation.

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