South Dakota statute
SDCL § 23A-3-27 — Motion for expungement of arrest record
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 3: (Rule 4.1) Arrest, South Dakota Codified Laws.
Full text of SDCL § 23A-3-27
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
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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