5 Questions About Sealing A Criminal Record in South Dakota

 

Question #1 - What is a Suspended Imposition of Sentence?

A suspended imposition of sentence seals your criminal conviction and does not require a judgment of guilt. It may be used in certain cases for both a felony and a misdemeanor crime. 

 

Question #2 - Am I eligible for a Suspended Imposition of Sentence?

Maybe. However, to be eligible, you must have no prior felony conviction.

 

Question #3 - If I receive a Suspended Imposition of Sentence, is my criminal record sealed?

Yes (under most circumstances). Receiving a suspended imposition of sentence seals your record to the public - i.e. employers, insurance companies, federal student aid, etc. However, a suspended imposition of sentence does not hide your record from law enforcement or the courts.

 

Question #4 - If I receive a Suspended Imposition of Sentence, can I still be placed on probation?

Yes. A court can still place you on probation upon certain terms and conditions.

 

Question #5 - Am I automatically entitled to receive a Suspended Imposition of Sentence?

No. A court has the ultimate discretion to grant or deny a suspended imposition of sentence.

 

Taylor Hayes
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Attorney specializing in Business & Corporate Law and Cyber Law