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 resulting from a 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 satisfied:

(1) 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. in 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 will remain remains available to court personnel or as authorized by order of the court.