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Section 23A-3-35 – Eligibility of person placed in diversion program for expungement of record

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 charged with any new crimes, except for petty offenses or minor traffic citations, within one year and thirty days from the date of the successful completion of the diversion program.

Nothing in this section requires a state’s attorney to place any arrested person into a diversion program or to otherwise create or implement a diversion program.

SDCL 23A-3-35

Added by S.L. 2018, ch. 143,s. 1, eff. 7/1/2018.