An Act to revise the time requirement for the automatic removal of speeding violations from a background check record.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 23A-3-34 be AMENDED.

23A-3-34. Automatic removal of certain charges or convictions from background check record--Case record available to court personnel.

Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant's public record after ten years if all court-ordered conditions on the case have been satisfied. If the highest charged offense in a case was a Class 2 misdemeanor charged under chapter 32-25 or a violation of a municipal ordinance regulating speed, the charge or conviction shall be automatically removed from a defendant's public record after two three five years if all court-ordered conditions on the case have been satisfied, if the defendant was not driving pursuant to a commercial driver's license at the time of the offense, and only for a defendant's first violation under either chapter 32-25 or a municipal ordinance regulating speed. Thereafter, a further charge for a Class 2 misdemeanor or municipal ordinance regulating speed shall be automatically removed from a defendant's public record after ten years if all court-ordered conditions on the case have been satisfied. However, the case record will remain available to court personnel or as authorized by order of the court.