The court may enter an order of expungement upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of the order.
S.D. Codified Laws § 23A-3-30
Order of expungement
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, § 5; SL 2015, ch 140, § 2.
How often courts cite this section
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.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.