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.

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.

Fees

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

Effect

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.

Waiting Periods

The petition can be filed one year after arrest if no charges are filed or one year after charges are dismissed.

(non-prod server)