South Dakota Motion To Seal Juvenile Records

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US-03332BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Arrest records can be expungeable under South Dakota law, particularly where the arrest did not result in a conviction or the charges were dismissed. If you were convicted of a misdemeanor, you can have your record expunged ten years after the final disposition, as long as all the eligibity requirements are met.

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.

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.

During the enlistment process, if it is made known there is a criminal history, the juvenile may sign a release form giving the military access to his/her records. Note:? There is nothing in the TFC that is designed to allow the military to force the juvenile to give unsealed records to the recruiter.

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.

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.

All states have some sort of procedures that allow juveniles to petition to either seal or expunge their records in certain cases. However, these procedures can be confusing and cumbersome, and in many instances, the young person is never notified if, when or how the record can be expunged.

Firearms. 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.

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South Dakota Motion To Seal Juvenile Records