Overview Description

Records relating to an arrest and court proceedings for an incident that is no longer a crime in South Dakota can be destroyed by the Bureau of Criminal Statistics at any time. 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 at any time after the offense is decriminalized.

(non-prod server)