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 | Family Law, South Dakota
In an action for annulment the court may, before or after judgment, give such direction for the custody, care, and education of the children of the marriage as may seem necessary or proper, and may at any time vacate and modify the same.SDCL 25-3-11 SDC 1939, ยง...
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...
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)...
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