21.592.13 96th Legislative Session 169
Introduced by: Senator Rohl
An Act to revise the automatic removal of certain 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 authorized 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 five years have passed since the charge or conviction;
(2) Beginning July 1, 2022, a misdemeanor charged prior to July 1, 2021, for the use or possession of marijuana or any derivative of marijuana was the highest charged offense in the case.
the automatic removal of any charge or conviction under this section,
no person shall be held thereafter under any provision of any law to
be guilty of perjury or of giving a false statement by reason of the
person's failure to recite or acknowledge the person's arrest,
indictment or information, or trial in response to any inquiry made
of the person for any purpose.
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.