Overview Description

Records relating to a charge or conviction for a petty offense, municipal ordinance violation, or a Class 2 misdemeanor as the highest charge can be removed from the public record after 10 years, if all court-ordered conditions are satisfied. S.D. Codified Laws § 23A-3-34.

Ineligible Category or Citation

This provision applies only to petty offenses, municipal ordinance violations, and Class 2 misdemeanors.

Procedure General

The procedure is automatic. Charge or conviction is automatically removed from the person's public record after 10 years. For the specific procedure, see S.D. Codified Laws § 23A-3-34.

Fees

There is no statutory language regarding fees.

Effect

The charge or conviction is removed from the person's public record but remains available to court personnel or by court order . S.D. Codified Laws § 23A-3-34.

Waiting Periods

The records are removed after 10 years.

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