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Section 23A-3-27 – Motion for expungement of arrest record

May 14, 2021 | Criminal Procedure, South Dakota

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;
(2) After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record; or
(3) At any time after an acquittal.

SDCL 23A-3-27

SL 2010, ch 126, ยง2.
Amended by S.L. 2015, ch. 140,s. 1, eff. 7/1/2015.