ENTITLED 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 to authorized personnel--Use as enhancement.
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 five years if all court-ordered conditions on the case have been satisfied and the defendant has not been convicted of any further offenses within those five years. However, the case record 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.
An Act to revise provisions related to the automatic removal of certain charges or convictions from a defendant's public record.
I certify that the attached Act originated in the:
Secretary of the Senate
President of the Senate
Attest:
Secretary of the Senate
Speaker of the House
Attest:
Chief Clerk
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2021 at ____________M.
for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2021
ss. Office of the Secretary of State
Filed ____________, 2021 at _________ o'clock __M.
Secretary of State
Asst. Secretary of State
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