Modify when a motion for expungement of an arrest record may be made and to declare an emergency.
Impact
The passage of SB83 is anticipated to have a significant impact on criminal justice practices within the state. By providing clearer guidelines on the timing and circumstances under which expungement can occur, the bill seeks to enhance individuals' rights to clear their arrest records, thus potentially aiding in their reintegration into society. This can be particularly beneficial for those who have been wrongfully arrested or faced charges that did not lead to a conviction.
Summary
Senate Bill 83 aims to modify the conditions under which an individual may file for expungement of an arrest record in South Dakota. The main provisions allow a person to apply for expungement one year after an arrest if no accusations were pursued, following a formal dismissal, or at any time after an acquittal. Notably, the bill also stipulates that an expungement request can be made within a year of dismissal by the prosecuting attorney upon showing compelling necessity.
Sentiment
Overall, the sentiment surrounding SB83 has been positive, with advocates underscoring the importance of giving individuals the opportunity to recover from past arrests that may hinder their future opportunities. Supporters believe that this legislative change reflects a more rehabilitative approach to criminal justice. However, some concerns have been raised about the implications of granting expungements and the criteria for 'compelling necessity.'
Contention
Debate over SB83 has centered around the balance between facilitating expungements and ensuring that the justice system maintains integrity. Critics argue that while the bill is a step toward reform, stipulations regarding compelling necessity could create ambiguity and potentially allow for inconsistent interpretations. Furthermore, questions about the potential effects on public safety and the handling of non-conviction records highlight the complexities involved in criminal record expungement policies.
Criminal records; clarifying records eligible to be sealed; modifying requirements for certain expungements; requiring submission of certain report to OSBI. Effective date.