South Dakota Statutes
§ 23A-3-27 — Motion for expungement of arrest record.
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.
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South Dakota § 23A-3-27 (Motion for expungement of arrest record.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
In Re the Expungement of Records Related to Oliver
2012 S.D. 9 (South Dakota Supreme Court, 2012)
In Re the Expungement of the Record Concerning Taliaferro
2014 SD 82 (South Dakota Supreme Court, 2014)
Lipsky v. Cronin
(D. South Dakota, 2023)
Record Expungement of Jones
2025 S.D. 54 (South Dakota Supreme Court, 2025)
Legislative History
SL 2010, ch 126, § 2; SL 2012, ch 131, § 1; SL 2015, ch 140, § 1; SL 2022, ch 71, § 1, eff. Mar. 15, 2022.
Nearby Sections
15
§ 23A-10-2
Form of plea raising defense.§ 23A-10A-1
Definition of mental incompetency.§ 23A-10A-10
Expense of maintenance of defendant committed.§ 23A-10A-13
Approved facility defined.§ 23A-10A-13.1
Restoration to competency program defined.§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.§ 23A-10A-15
Length of detention for Class A, B, or C felony.