Records relating to an arrest can be expunged at any time after an acquittal. S.D. Codified Laws § 23A-3-27.
There is no statutory language regarding ineligible offenses.
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.
The petition can be filed at any time after acquittal.
