South Dakota Statutes
§ 23A-3-35 — Eligibility of person placed in diversion program for expungement of record.
If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if:
(1)The person has successfully completed all the terms of the diversion program; and (2) The person has not been charged with any new crimes, except for petty offenses or minor traffic citations, within one year and thirty days from the date of the successful completion of the diversion program. Nothing in this section requires a state's attorney to place any arrested person into a diversion program or to otherwise create or implement a diversion program.
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South Dakota § 23A-3-35 (Eligibility of person placed in diversion program for expungement of record.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Legislative History
SL 2018, ch 143, § 1.
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.