South Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed
  • Preview Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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FAQ

Firearms rights are not lost unless a person is convicted of a ?crime of violence? or certain drug felonies, in which case rights are restored automatically fifteen years after completion of sentence. S.D.

The person's applicable hunting, fishing, or trapping privileges in South Dakota are automatically revoked without further hearing for a period of one year following date of conviction.

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.

The petition to expunge arrest records should be filed in the court where charges were filed or, if no criminal charges were filed, in a court in the county where the arrest occurred. I.C. 35-38-9-1(e). There is no filing fee required for a petition under this section.

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.

In Indiana, the average cost of expunging a criminal record ranges anywhere from $250 to $1,000 or more. This fee covers the cost of filing petition papers, obtaining court orders and other necessary paperwork fees.

If a person's arrest or charge did not result in a conviction OR the person's arrest resulted in a conviction that was overturned on appeal; then a court MUST grant their request for expungement, if they satisfy the following criteria: The person is not actively participating in a pretrial diversion program.

Under South Dakota state law, it is illegal for someone to have/buy a gun if s/he: was convicted in South Dakota or another state of a crime of violence; (Note: It is only illegal for 15 years after the person was last discharged from prison, jail, probation, or parole for the crime);

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. A motion for expungement must be served on the prosecuting attorney who prosecuted the crime at least 14 days before any hearing.

Felony Expungement If you were convicted of certain eligible felonies you may be eligible for expungement under W.S. §7-13-1502 if: At least ten (10) years have passed since: the end of the sentence, including probation; and. the completion of any court-ordered program; and.

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South Dakota Motion to Expunge Criminal Offender Record due to Charges having been Dismissed