Overview Description

Records relating to an arrest and court proceedings can be destroyed by the Bureau of Criminal Statistics once a person reaches the age of 75, if no violation has occurred within 10 years of the authorized destruction date. S.D. Codified Laws § 23-6-8.1.

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. The director of the Bureau of Criminal Statistics can authorize the destruction of the records specified in S.D. Codified Laws § 23-6-8.1.

Fees

There is no statutory language regarding fees.

Effect

Records under the control of the Bureau of Criminal Statistics are destroyed. S.D. Codified Laws § 23-6-8.1.

Waiting Periods

The record can be destroyed 10 years after any violation if the person is 75 or older.

(non-prod server)