Overview Description

Records relating to an arrest can be expunged at any time after an acquittal. S.D. Codified Laws § 23A-3-27.

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed in the court that handled the case. For the specific procedure, see S.D. Codified Laws §§ 23A-3-28 et seq.


Petitioner must pay a fee equal to the filing fee for a civil action. S.D. Codified Laws § 23A-3-28.


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-3-32.

Expungement is the sealing of records and does not imply physical destruction. S.D. Codified Laws § 23A-3-26.


Waiting Periods

The petition can be filed at any time after acquittal.

(non-prod server)