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.
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.