2:05:01:02.  Felons to be rejected -- Misdemeanants to be reviewed. No person may be employed or certified if that person has pled guilty or no contest to, or been convicted of, any offense which could have resulted in incarceration for more than one year. Any person who has pled guilty or no contest to, or been convicted of, an offense with a maximum penalty that could have resulted in incarceration of one year or less remains eligible for employment or certification unless the plea or conviction when considered along with the seriousness of the offense, time elapsed since the offense was committed, the person's conduct since the offense was committed, or other pertinent information indicates that the person should not be hired or certified.

          Source: 25 SDR 124, effective April 8, 1999; 27 SDR 63, effective January 2, 2001.

          General Authority:SDCL 34-45-26, 34-45-29.

          Law Implemented:SDCL 34-45-24, 34-45-29.

          2:05:01:02.01.  Exception from prohibition on employment or certification. Any person ineligible under § 2:05:01:02 to be hired or certified as a result of a conviction, may not be denied employment or certification as a result of that conviction if the person, based upon a proof of innocence, received a reprieve, commutation, or pardon. This section does not prohibit the consideration of a conviction or plea in determining moral character under subdivision 2:05:01:01(4).

          Source: 27 SDR 63, effective January 2, 2001.

          General Authority:SDCL 34-45-26, 34-45-29.

          Law Implemented:SDCL 34-45-24.

    02:05:01:02.02.  Exception from prohibition on employment or certification for suspended impositions of sentence. Any person seeking certification as a 911 telecommunicator who has received an order pursuant to SDCL 23A-27-13, or the equivalent in another jurisdiction, for any offense punishable by imprisonment for more than one year, may be declared eligible upon application by the person to the Law Enforcement Officers Standards and Training Commission. Upon a showing that the ends of justice and the best interests of the public and the person seeking certification are met in certifying the person, the commission may declare the person eligible for employment or certification.

    Source: 50 SDR 63, effective November 28, 2023.

    General Authority: SDCL 34-45-26, 34-45-29.

    Law Implemented: SDCL 34-45-26, 34-45-29(3).