South Dakota Codified Laws 23A-3-34. Defendant’s public record–Automatic removal of non-felony charges or convictions–Case record available to authorized personnel–Use as enhancement
Current as of: 2023 | Check for updates
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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 remains 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.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 23A-3-34
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
Source: SL 2016, ch 134, § 1; SL 2021, ch 106, § 1.