Learn About Your State

Type a new state

Back to Map

South Dakota: Adult Non-Conviction Arrests (SD-NC-2)

South Dakota: Adult Non-Conviction Arrests (SD-NC-2)

Records relating to an arrest can be expunged one year after case dismissal or one year after arrest if no charges filed, or less than a year after dismissal upon a showing of compelling neccessity. S.D. Codified Laws § 23A-3-27.
Record Detail(s)
Charges resolved in favor of defendant
Charges not filed
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
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.

Back to South Dakota

Department of Justice Logo BJA Logo

Department of Justice Logo OJJDP Logo

CSG Justice Center

©NRRC 2024 — Privacy policy

This Web site is funded in whole or in part through a grant from the Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided).