Overview Description

Upon dismissal for the successful completion of pre-judgment probation for a person with no prior convictions, records of arrest and court proceedings are sealed. S.D. Codified Laws §§ 23A-27-17; 23A-27-12.2; 23A-27-13.

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The procedure is automatic. Upon dismissal, the court orders the public records of arrest and court proceedings sealed. For the specific procedure, see S.D. Codified Laws §§ 23A-27-12.2 et seq.

Fees

There is no statutory language regarding fees.

Effect

The nonpublic records are retained by the Division of Criminal Investigation. The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. S.D. Codified Laws § 23A-27-17.

Waiting Periods

The record is sealed upon the successful completion of probation.

(non-prod server)