Upon the expiration of five years following the release of an applicant from a Department of Corrections facility who was convicted of not more than one felony, which was not an offense punishable by life imprisonment, the applicant may apply to the Board of Pardons and Paroles for an exceptional pardon. If an applicant was convicted of a crime that did not result in the applicant subsequently serving a prison sentence, the applicant may apply for an exceptional pardon if at least five years have passed from the date of the applicant’s offense, if the applicant was not convicted of more than one felony, and if the offense was not punishable by life imprisonment.

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Source: SL 1974, ch 169, § 2; SDCL Supp, § 23-59-11; SL 1978, ch 186, § 41; SL 2005, ch 132, § 7.