This bill expands when minor criminal convictions are automatically removed from public background check records in South Dakota. Under this change, petty offenses, municipal violations, and Class 2 misdemeanors are removed after five years with no further convictions, and Class 1 misdemeanors for marijuana possession are also automatically removed after five years—meaning people can legally deny these convictions ever happened when applying for jobs or housing. The actual court records remain available to law enforcement and courts for prosecution purposes, but the general public cannot access them.
This bill does not directly amend codified state law.
Senate Delivered veto sustained to the Secretary of State S.J. 545
Senate Veto override Failed, YEAS 17, NAYS 17. S.J. 544
Senate Vetoed by the Governor S.J. 542
Delivered to the Governor S.J. 495
Signed by the Speaker H.J. 635
Signed by the President S.J. 479
House of Representatives Do Pass Amended Passed, YEAS 38, NAYS 31. H.J. 586
Judiciary Do Pass Passed, YEAS 10, NAYS 3. H.J. 1
Judiciary Scheduled for hearing H.J. 1
Judiciary Scheduled for hearing
First read in House and referred to House Judiciary H.J. 466
Senate Do Pass Amended Passed, YEAS 19, NAYS 16. S.J. 334
Judiciary Do Pass Amended Passed, YEAS 4, NAYS 2.
Judiciary Motion to amend
Judiciary Scheduled for hearing
Judiciary Scheduled for hearing
Judiciary Scheduled for hearing
First read in Senate and referred to Senate Judiciary S.J. 129
Jess Olson
Prime sponsor · Rep.
R
Michael Rohl
Prime sponsor · Sen.
R
Cosponsors
Veto override
Do Pass Amended
Judiciary — Do Pass
Do Pass Amended
Judiciary — Do Pass Amended