The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper.
S.D. Codified Laws § 23A-3-29
Hearing on motion for expungement
Known as the Uniform Act
The act spans §§ 23–23 (38 sections).
Applied in 1 court decision — leading case Record Expungement of Jones (2025)
Most recently applied in Record Expungement of Jones (September 2025)
Source: SL 2010, ch 126, § 4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.