South Dakota Statutes
§ 23A-3-31 — Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.
Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6 . The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing the defendant or arrested person for subsequent offenses. As part of any order of expungement, the court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the defendant or arrested person's arrest, detention, indictment or information, trial, and disposition.
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South Dakota § 23A-3-31 (Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
Record Expungement of Jones
2025 S.D. 54 (South Dakota Supreme Court, 2025)
Legislative History
SL 2010, ch 126, § 6.
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.