Section 23A-3-26 – Definition of expungement

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 person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Expungement does not imply the physical destruction of records.

SDCL 23A-3-26

SL 2010, ch 126, §1.