Judge Aho Procedures
Description
How to fill out Motion For Recusal Of Judge - Removal?
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FAQ
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
Codified Laws § 23A-3-34 authorizes automatic ?removal? from a defendant's public record ?any charge or conviction? resulting from minor misdemeanors and petty offenses after five years if all conditions of the sentence are satisfied and no additional convictions during the waiting period.
A motion for expungement is a civil filing and requires payment of civil filing fees and costs of $70, unless a waiver is granted by the court. SDCL 23A-3-28. Along with the motion, an individual must file a civil case filing statement (?IN THE MATTER OF? Cases) form, which is available on the UJS website.
There is no cost to apply through the HelpSealMyRecord program. If you apply by preparing and filing a Petition for Expungement directly with the court, you will have to pay a filing fee or ask the court to waive this fee based on your income.
SDCL 23A-3-28. Along with the motion, an individual must file a civil case filing statement (?IN THE MATTER OF? Cases) form, which is available on the UJS website. A motion for expungement must be served on the prosecuting attorney who prosecuted the crime at least 14 days before any hearing. SDCL 23A-3-28.
Per SDCL 23A-3-34, ?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 ten years if all court-ordered conditions on the case have been ...
However, under South Dakota's expungement law, petty offense and second-degree misdemeanor convictions are automatically expunged after five years and will not be reported. Similarly, completed diversionary sentences that have resulted in expungement will not be reported.