S.D. Codified Laws § 23A-3-27

Motion for expungement of arrest record

Known as the Uniform Act

The act spans §§ 23–23 (38 sections).

Applied in 3 court decisions — leading case In Re the Expungement of Records Related to Oliver (2012)

Most recently applied in Record Expungement of Jones (September 2025)

Source: SL 2010, ch 126, § 2; SL 2012, ch 131, § 1; SL 2015, ch 140, § 1; SL 2022, ch 71, § 1, eff

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest:

(1) After one year from the date of any arrest, if no accusatory instrument was filed;

(2) After one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record;

(3) At any time after an acquittal; or

(4) Within one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record upon a showing of compelling necessity.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.