by admin | May 14, 2021 | Criminal Procedure, South Dakota
The court may enter an order of expungement upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If the requirements of ยง 23A-3-35 have been met, the state’s attorney shall file a dismissal of all the charges related to that arrest and a notice of completion of the diversion program by the arrested person.SDCL 23A-3-36Added by S.L. 2018, ch. 143,s. 2, eff....
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper.SDCL...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if:(1) The person has successfully completed all the terms of the diversion program; and(2) The person has not been...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant’s public record after five years if all court-ordered...
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