An Act to revise provisions related to the automatic removal of certain charges or convictions from a defendant's public record.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 23A-3-34 be AMENDED.
23A-3-34. Defendant's public record--Automatic removal of non-felony charges or convictions--Case record available.
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
three years if
all court-ordered conditions on the case have been satisfied. Any
charge or conviction resulting from a case where a Class 1
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. However,
the case record
will remain
remains
available to court personnel or as authorized by order of the court
and may be used as an enhancement in the prosecution of subsequent
offenses as provided by law.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
Overstrikes
indicate deleted language.