South Dakota Expungement of a Criminal Record
An expungement of a criminal record occurs when a judge seals a person’s criminal record. As a result, the record is no longer public. Record expungement often makes it easier to find work because future employers can no longer search the expungee’s past criminal record and the expungee does not have to disclose to future employers that he or she was convicted of a crime. In essence, an expungement clears a person’s record, allowing him or her to start over without the burden of a previous record.
Five years after the sentencing date, a person may apply to have his or her record expunged. The sentencing date is the day the defendant was sentenced for his or her crime; it is not the date the defendant was arrested, charged, or convicted. If the person requesting the expungement has completed the required sentence, probation period, and all associated fines, the expungement is likely to be granted. The completion of these items is strictly enforced by the courts.
Many jurisdictions will allow a defendant to file for probation modification if his or her probation period has not been completed but the sentence has been completed and all fines have been paid. A probation modification allows a judge to determine whether the defendant has demonstrated exceptional performance while on probation and thus merits a reduction to a shorter probation period.
Any records associated with a criminal file are usually expunged by the court. This would include police reports, investigation reports, and other documents related to the conviction. All records of the detention or correctional facility, as well as court documents related to the case, can also be expunged.
Misdemeanor Levels in South Dakota
A misdemeanor is a crime that carries a sentence of less than 365 days in a county jail. If the crime necessitates more time in prison, it will be classified as a felony rather than a misdemeanor. Misdemeanors range from minor offenses to felonies reduced to misdemeanors by juries, judges, or plea bargains.
Misdemeanors in South Dakota are classified into two types: Class 1 misdemeanors and Class 2 misdemeanors. A misdemeanor is defined by the maximum penalty allowed by law if convicted of the associated crime.
Misdemeanor (Class 1)
A Class 1 misdemeanor is punishable by up to one year in county jail or a $2,000 fine, whichever is greater. Furthermore, the defendant may be ordered by the court to pay restitution to the victim. 22-6-2 South Dakota Codified Law
Misdemeanor (Class 2)
A Class 2 misdemeanor is punishable by no more than thirty days in county jail or a $500 fine, whichever is greater. Furthermore, the defendant may be ordered by the court to pay restitution to the victim. 22-6-2 South Dakota Codified Law.
Crimes that Cannot be Expunged
In South Dakota, the following crimes cannot be expunged:
Any conviction involving a minor, felony sexual assault, a misdemeanor involving a crime of moral turpitude, convictions for a Class A, Class B, Class 1, or Class 2 felony, and adult criminal convictions may not be sealed.