Can Your Record Be Sealed?

If you are facing a criminal charge, whether it is a misdemeanor or a felony, you are probably wondering if this will stay on your record forever. In South Dakota, one option that is available to Defendants who wish to have their record sealed is a suspended imposition of sentence (SIS).

A suspended imposition of sentence seals your criminal conviction, and acts as an order of probation without a conviction. South Dakota recently changed the law and now allow people to be eligible for one SIS for a misdemeanor offense and one SIS for a felony offense.  In order to use a felony SIS, you may not have any prior felony convictions here or in any other State.

It is important to know a few things about suspended impositions of sentences:

• Sentencing is solely in the discretion of the Judge and the Judge will determine whether or not you are a good candidate to receive a SIS;
• If you have already been convicted of a crime, you have 2 years from the date of sentencing, to ask the Judge to modify your sentence and grant a SIS in order to seal your record;
• It will not protect the revocation of a commercial driver’s license;
• There are certain offenses that are not eligible for a suspended imposition of sentence.

The purpose of a suspended imposition of sentence is to allow a first-time offender a chance to avoid the stigma of a conviction on his or her record. If you have pending criminal charges or have been convicted of a crime less than two years from the date of conviction, you might be eligible for a suspended imposition of sentence.

If you are curious about whether you qualify for a suspended imposition of sentence, contact the lawyers at Helsper, McCarty & Rasmussen, P.C. today to discuss your case.