Overview Description

Records relating to a delinquency matter can be sealed if the court finds that the child has been satisfactorily rehabilitated and the person is not subject to a disqualifying event. S.D. Codified Laws § 26-7A-115.

Ineligible Category or Citation

To be eligible for sealing, a petitioner cannot have been adjudicated as a delinquent since the termination of the court's jurisdiction, or been involved in a proceeding pending involving a felony, a sexual contact offense, or a misdemeanor involving moral turpitude, or a petition of delinquency pending or being instituted against the petitioner. S.D. Codified Laws § 26-7A-115.

Procedure General

A petition must be filed with the court. For the specific procedure, see S.D. Codified Laws § 26-7A-115.

Fees

There is no statutory language regarding fees.

Effect

The court can seal all of the court's records and files and the records and files in the custody or under the control of any other agency or official. S.D. Codified Laws § 26-7A-115.

Sealed records can be used by the court in other delinquency actions or proceedings or in subsequent criminal proceedings for sentencing purposes. S.D. Codified Laws § 26-7A-116.

 

Waiting Periods

The petition can be filed one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the Department of Corrections, whichever date is later.

(non-prod server)