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.

There is no statutory language regarding ineligible offenses.

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.

There is no statutory language regarding fees.

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.

The record is sealed upon the successful completion of probation.