Overview Description

Records relating to an arrest can be expunged one year after case dismissal or one year after arrest if no charges filed. 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.

The 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 prearrest 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 one year after arrest if no charges are filed or one year after charges are dismissed.