The South Dakota Notice of Hearing for Expungement of Record is a document used to inform a person that their record is being considered for expungement. The expungement of a record erases the record from the public domain, and removes it from all public databases. This document is issued by the state of South Dakota to notify the individual that their record is being considered for expungement. There are two types of South Dakota Notice of Hearing for Expungement of Record. The first type is for those who are under the age of twenty-one and have been convicted of a misdemeanor. The second type is for those who are over the age of twenty-one and have been convicted of a felony. Both types of South Dakota Notice of Hearing for Expungement of Record include the name of the court, the case number, the date of the hearing, the name of the individual whose record is being considered for expungement, and a description of the record. The notice also includes instructions on how to respond to the notice, and information on what to expect at the hearing.
South Dakota Notice of Hearing for Expungement of Record
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How to fill out South Dakota Notice Of Hearing For Expungement Of Record?
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FAQ
A. S.D. Codified Laws § 23A-3-34 authorizes automatic ?removal? from a defendant's public record ?any charge or conviction? resulting from minor misdemeanors and petty offenses after five years if all conditions of the sentence are satisfied and no additional convictions during the waiting period.
A motion for expungement is a civil filing and requires payment of civil filing fees and costs of $70, unless a waiver is granted by the court. SDCL 23A-3-28. Along with the motion, an individual must file a civil case filing statement (?IN THE MATTER OF? Cases) form, which is available on the UJS website.
Lastly, charges and convictions for Class 2 misdemeanors are automatically removed from a defendant's public record after five years have passed with no intervening convictions.
Codified Laws § 23A-3-34 authorizes automatic ?removal? from a defendant's public record ?any charge or conviction? resulting from minor misdemeanors and petty offenses after five years if all conditions of the sentence are satisfied and no additional convictions during the waiting period.
Class A felonies?Mandatory death or life imprisonment and an optional fine of $50,000. Class B felonies?Mandatory life imprisonment and an optional fine of $50,000. Class C felonies?Life imprisonment and an optional fine of $50,000. Class 1 felonies?50 years of imprisonment and an optional fine of $50,000.
South Dakota law allows for expungement of misdemeanors and felonies, as well as drunk driving offenses, provided you are at least 75 years old, or the offense occurred at least 10 years after all conditions of probation have been satisfied, or date of sentencing if no jail time was served.
Felony Expungement At least ten (10) years have passed since: the end of the sentence, including probation; and. the completion of any court-ordered program; and.
Felony Expungement At least ten (10) years have passed since: the end of the sentence, including probation; and. the completion of any court-ordered program; and.