South Dakota: Juvenile Court Records and Law Enforcement Records (SD-AR-1)

Records relating to a delinquency matter can be sealed if the court finds that the child has been satisfactorily rehabilitated and the person is not subject to a disqualifying event. Such a petition may be filed and considered by the court no less than one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the department of corrections, whichever date is later. S.D. Codified Laws § 26-7A-115.

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Clearance Process

By petition or court's own motion

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

A petition must be filed with the court. For the specific procedure, see S.D. Codified Laws § 26-7A-115.

Fees

There is no statutory language regarding fees.

Effect

The court can seal all of the court's records and files and the records and files in the custody or under the control of any other agency or official. S.D. Codified Laws § 26-7A-115. Sealed records can be used by the court in other delinquency actions or proceedings or in subsequent criminal proceedings for sentencing purposes. S.D. Codified Laws § 26-7A-116.

Waiting Periods

The petition can be filed one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the Department of Corrections, whichever date is later.

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