Erase In Legal South Dakota Expungement Forms For Free

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 ...

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.

Firearms. Firearms rights are not lost unless a person is convicted of a ?crime of violence? or certain drug felonies, in which case rights are restored automatically fifteen years after completion of sentence. S.D.

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.

Consider Getting A Certificate Of Actual Innocence There's getting your criminal record expunged, and then there's getting a ?Certificate of Actual Innocence?. This is considered the most powerful form of expungement.

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.