The South Dakota Instruction Sheet for Expungement Procedure is a document that outlines the necessary steps to have a criminal record expunged in the state of South Dakota. It includes information on eligibility requirements, the expungement process, and fees associated with the expungement. The Instruction Sheet is available in two versions: one for individuals seeking to have their own records expunged and one for entities or individuals seeking to have a third party’s record expunged. Both versions provide detailed instructions on the process, including filing the necessary paperwork, completing the application, and submitting the fees. Additionally, the Instruction Sheet explains the legal consequences of having a record expunged, including the effect on background checks and employment opportunities.
South Dakota Instruction Sheet for Expungement Procedure
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FAQ
A. S.D. 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.
South Dakota law allows for expungement of misdemeanors and felonies, as well as drunk driving offenses, provided you are at least 75 years old, or the offense occurred at least 10 years after all conditions of probation have been satisfied, or date of sentencing if no jail time was served.
Felony Expungement At least ten (10) years have passed since: the end of the sentence, including probation; and. the completion of any court-ordered program; and.
Class A felonies?Mandatory death or life imprisonment and an optional fine of $50,000. Class B felonies?Mandatory life imprisonment and an optional fine of $50,000. Class C felonies?Life imprisonment and an optional fine of $50,000. Class 1 felonies?50 years of imprisonment and an optional fine of $50,000.
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.
Felony Expungement At least ten (10) years have passed since: the end of the sentence, including probation; and. the completion of any court-ordered program; and.
Lastly, charges and convictions for Class 2 misdemeanors are automatically removed from a defendant's public record after five years have passed with no intervening convictions.