South Dakota § 23A-3-27 Motion for expungement of arrest record.

South Dakota Statutes

§ 23A-3-27 — Motion for expungement of arrest record.

South Dakota § 23A-3-27

Title 23ACRIMINAL PROCEDURE

Ch. 23A-2(RULE 4.1) ARREST

This text of South Dakota § 23A-3-27 (Motion for expungement of arrest record.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-3-27 (2026).

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.

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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.