(Senate Bill 174)
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
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.
Signed March 25, 2021
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.