Expungement Attorneys in South Dakota
Expungement in South Dakota
As with most other states, South Dakota does allow for the expungement, or sealing, of your criminal records. While South Dakota does not destroy your record in entirety, it does make it no longer accessible to the general public. You are also legally allowed to answer “no” to questions regarding your arrest or conviction history.
Juvenile records in South Dakota may be sealed as well. To seal a juvenile record you can petition the court if you have not been found to be a delinquent since the original case was terminated, you do not have any pending charges against you for felonies or crimes of moral turpitude, and the court is satisfied with your rehabilitation.
South Dakota law allows for the expungement of misdemeanors and felonies, as well as driving while intoxicated offenses, provided you meet the age requirements or at least ten (10) years since have passed since the completion of your sentence and any conditions of probation have been satisfied. If you were arrested, but no charges were filed, you may file for expungement after one (1) year from the date of your arrest. If you were acquitted, there is no waiting period and you can file for expungement at any time.
South Dakota does not allow for the convictions involving a offenses committed against a minor, felony sexual assault, any offense pertaining to a crime of moral turpitude, or any conviction for a Class A, B, or Class 1 or 2 felony.