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South Dakota: Adult Non-Conviction Arrests (SD-NC-1)

South Dakota: Adult Non-Conviction Arrests (SD-NC-1)

Records relating to an arrest can be expunged at any time after an acquittal. S.D. Codified Laws § 23A-3-27.
Record Detail(s)
Charges resolved in favor of defendant
Previous Conviction Disqualifying
No
Mandatory / Discretionary
Discretionary
Hearing
Yes, unless otherwise stipulated
Clearance Process
Petition-based
Remedy
Expunge
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
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 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.  
Waiting Periods
The petition can be filed at any time after acquittal.

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