by admin | 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)...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Terms used in §§ 23A-3-27 to 23A-3-33, inclusive, mean:(1) “Expungement,” the sealing of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or Department of Public Safety concerning a...
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 ten years if all court-ordered...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application.SDCL 23A-3-33 SL 2010, ch 126, §8.
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Any federal law enforcement officer holds the same authority as a state or local law enforcement officer in this state when making an arrest for a nonfederal crime under any of the following circumstances:(1) The officer has reasonable grounds to believe that a state...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person’s arrest or indictment or information. No person as to whom an order of expungement has...
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