by admin | May 14, 2021 | Criminal Procedure, South Dakota
Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law...
by admin | May 14, 2021 | Family Law, South Dakota
Marriage is dissolved only:(1) By the death of one of the parties; or(2) By the judgment of a court of competent jurisdiction decreeing a divorce of the parties. The effect of such judgment is to restore the parties to the state of unmarried persons.SDCL 25-4-1 SDC...
by admin | May 14, 2021 | Criminal Procedure, South Dakota
Upon the filing of the dismissal and notice of completion of the diversion program, the court shall grant the expungement without the filing of a motion or any further action by the court.SDCL 23A-3-37Added by S.L. 2018, ch. 143,s. 3, eff. 7/1/2018.
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 | Family Law, South Dakota
The clerk of court in every county shall report information of each annulment of marriage filed in the office of the clerk of court, on forms prescribed and furnished by the Department of Health and approved by the state court administrator of the Unified Judicial...
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