South Dakota Codified Laws 23A-3-27. Motion for expungement of arrest record
Current as of: 2023 | Check for updates
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An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:
(1) After one year from the date of any arrest, if no accusatory instrument was filed;
Terms Used In South Dakota Codified Laws 23A-3-27
- 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.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record;
(3) At any time after an acquittal; or
(4) Within one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record upon a showing of compelling necessity.
Source: SL 2010, ch 126, § 2; SL 2012, ch 131, § 1; SL 2015, ch 140, § 1; SL 2022, ch 71, § 1, eff. Mar. 15, 2022.