S.D. Codified Laws § 23A-3-27
This is the official text of S.D. Codified Laws § 23A-3-27, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Motion for expungement of arrest record
Official statutory text
An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:
(1) After one year from the date of any arrest, if no accusatory instrument was filed;
(2) After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record;
(3) At any time after an acquittal; or
(4) Within one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record upon a showing of compelling necessity.
Source: SL 2010, ch 126, § 2; SL 2012, ch 131, § 1; SL 2015, ch 140, § 1; SL 2022, ch 71, § 1, eff. Mar. 15, 2022.
(1) After one year from the date of any arrest, if no accusatory instrument was filed;
(2) After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record;
(3) At any time after an acquittal; or
(4) Within one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record upon a showing of compelling necessity.
Source: SL 2010, ch 126, § 2; SL 2012, ch 131, § 1; SL 2015, ch 140, § 1; SL 2022, ch 71, § 1, eff. Mar. 15, 2022.
Status: in_force · Read it on the official government site
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