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  1. #1
    Join Date
    Feb 2011
    Posts
    1

    Default Getting a Pardon or Expungement in South Dakota

    My question involves criminal records for the state of: South dakota. I was wondering 2and a half years ago i was conviected on a misdemeanor for petty theft. i took a plea agreement, the original conviction could of been for a felony. i have nothing else on my record other then this, i havent had a speeding tickent in over 6 yrs, no accidents, no nothing. i paid my restitution, court fees and fines. nothing is outstanding. I did have a full year in county jail and was on work release that full time. I am currently looking at going back to school in the fall and trying to advance my self with my career and i am at a stand still because of the petty theft misdemeanor. they don't want to allow me to be promoted or advance to other departments with this "Criminal backgroung" My question would be this. if i took a plea agreement would i even be eligibile for a expungement or a pardan. (paradans i thought were only if you in prision is that correct?)

    Thanks for your assistance.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Getting a Pardon or Expungement in South Dakota

    You don't indicate that you received a deferral, so I'm not seeing that you have an option for expungement. Information on pardons (executive clemency) can be found here.
    Quote Quoting What happens if someone is granted a pardon?
    Any person who has been granted a pardon under the provisions of this chapter shall be released from all disabilities consequent on such person's conviction. Upon the granting of a pardon, the Governor shall order that all official records relating to the pardoned person's arrest, indictment or information, trial, finding of guilt and receipt of a pardon shall be sealed. The effect of such order is to restore such person, in the contemplation of the law, to the status the person occupied before arrest, indictment or information. No person as to whom such order has been entered may be held thereafter under any provision of any law to be guilty of perjury or of giving a false statement by reason of such person's failure to recite or acknowledge such arrest, indictment, information or trial in response to any inquiry made of such person for any purpose.

    For the sole purpose of consideration of the sentence of a defendant for subsequent offenses or the determination of whether the defendant is a habitual offender under chapter 22-7, the pardoned offense shall be considered a prior conviction.
    The application form is here.

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