21.592.11 96th Legislative Session 169
Introduced by: Senator Rohl
An Act to provide for the automatic removal of certain marijuana convictions 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
case where a the
following shall be automatically removed from a defendant's public
record if all court-ordered conditions on the case have been
municipal ordinance violation, or a Class 2 misdemeanor was the
highest charged offense
be automatically removed from a defendant's public record after ten
years if all court-ordered conditions on the case have been
the case and ten years have passed since the charge or conviction; or
(2) A misdemeanor for the use or possession of marijuana or any derivative of marijuana was the highest charged offense in the case.
However, the case record
available to court personnel or as authorized by order of the court.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.