South Dakota Codified Laws 23-5A-28. Request for expungement–Grounds
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Any person whose DNA record or DNA profile has been included in the State DNA Database in accordance with this chapter may request expungement on the grounds that the arrest that led to the inclusion of the person’s DNA record or DNA profile has not resulted in a felony charge within one year; has been resolved by a dismissal, acquittal, or misdemeanor conviction; or has not resulted in a felony conviction; or the conviction or delinquency adjudication on which the authority for including that person’s DNA record or DNA profile was based has been reversed and the case dismissed.
Terms Used In South Dakota Codified Laws 23-5A-28
- Acquittal:
- Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
- A verdict of "not guilty."
- Arrest: Taking physical custody of a person by lawful authority.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: includes a finding of guilt by a jury or a court, guilty plea, plea of nolo contendere, or finding of not guilty by reason of insanity or mental disease or defect. See South Dakota Codified Laws 23-5A-1
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 2003, ch 133, § 28; SL 2008, ch 114, § 3.