Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
South Dakota Expungement Handbook - Procedures and Law
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FAQ
In juvenile delinquency proceedings, the records and files of the court may be sealed by a court order. The child, child's parent or guardian, or court itself may request that the records be sealed. S.D. CoDifieD LawS § 26-7A-115.
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.
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.
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);
Records relating to misdemeanor offenses can be destroyed by the Bureau of Criminal Statistics 10 years after the date of the final disposition. S.D. Codified Laws § 23-6-8.1.
In the case of a misdemeanor, complete and submit CR-180 California Penal Code section 1203.4a states the requirements of expunging a California misdemeanor, including completing and submitting form CR-180, the Petition for Dismissal. Note that you must submit the petition for expungement in the county of conviction.
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.
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. Codified Laws § 22-14-15; see also § 22-1-2(9) (defining ?crime of violence?).
