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South Dakota record expungement

In the state of South Dakota there are many laws that pertain to the process of getting ones record expunged. S.D. Codified Laws Section 23-6-8.1 pertains to the expungement of records, while S.D. Codified Laws Section 23-5A-29 pertains to the expungement of DNA records. S.D. Codified Laws Sections 23A-27-17 deals with the sealing of criminal records of certain convictions after completion of probation, S.D. Codified Laws Sections 26-7A-27, 26-7A-28, 26-7A-36, & 26-7A-37 deals with sealing juvenile records, S.D. Codified Laws Sections 24-13-4.6 & 24-14-8 deals with pardons, while S.D. Codified Laws Sections 23-5-11, 23-5-12 deals with copying and inspecting criminal records. Arrest records can be expungeable under South Dakota law, particularly where the arrest did not result in a conviction or the charges were dismissed. If you were convicted of a misdemeanor, you can have your record expunged ten years after the final disposition, as long as all the eligibity requirements are met.

South Dakota law only mentions expungement for misdemeanors and persons who have met certain age requirements. That being said, to obtain an expungement for a felony, a person must meet the age requirement to be eligible for expungement. For DUIs, as long as they are a misdemeanor and the person has met the age requirement, then the offense is expungeable. Expungement restores the rights and privileges the person had before they had the offense, and with their offense being taken off any databases and police records.

To be eligible for expungement in South Dakota, you can must also meet at least one of these requirements: if you are deceased, you can have someone petition for you, if you are a person 75 years or older the crime over ten years ago, if you committed a crime that is no longer a crime under South Dakota law, or if you committed a misdemeanor offense and your final disposition was at least ten years prior to the authorized destruction date. To file for expungement, you must check with the court in which the conviction or other records are maintained. They will give you the proper forms you need to send to the courts and other agencies that might be affected by having your record expunged. After filing, you will be set a court date. Be prepared to show the judge that you are contrite and will likely not re-offend. If you show the judge that you meet the requirements, it is most likely you will have your record expunged.

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