South Dakota Statutes

§ 23A-3-29 — Hearing on motion for expungement.

South Dakota § 23A-3-29

JurisdictionSouth Dakota

Title 23ACRIMINAL PROCEDURE

Ch. 23A-2(RULE 4.1) ARREST

This text of South Dakota § 23A-3-29 (Hearing on motion for expungement.) 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-3-29 (2026).

Text

The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper.

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Related

Record Expungement of Jones

2025 S.D. 54 (South Dakota Supreme Court, 2025)

Legislative History

SL 2010, ch 126, § 4.

Nearby Sections

15

§ 23A-1-1

(Rule 1) Proceedings governed by title.

§ 23A-1-2

(Rule 2) Purposes of title--Construction.

§ 23A-10-2

Form of plea raising defense.

§ 23A-10-3

(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.

§ 23A-10-4

(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.

§ 23A-10-5

(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.

§ 23A-10-6

Mistrial when defense raised without pleading--Subsequent trial.

§ 23A-10-7

Independent psychiatric examination--Court approval--Notice--Cost.

§ 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.

§ 23A-10A-16

Time in approved facility credited to term of imprisonment.

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Bluebook (online)

South Dakota § 23A-3-29, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-3-29.