Criminal Record Expungement in the State of South Dakota

 

If you are arrested and charged with a crime in South Dakota, you are automatically given a criminal record. Whether or not you are ultimately found guilty of the crime is irrelevant. Worse, that record will stay with you for your entire life, and any experienced criminal attorney can tell you that that is not something you want.

 

But why? Is it even worth worrying about something like your criminal history when you could be facing fines, probation, or even jail time? The answer is emphatically yes. If you are carrying a criminal record around with you once your case and any sentencing has concluded and you’re trying to get your life back to normal, it can greatly impact the way you live in a negative way. Every time you apply for a job, you are legally required to tell employers about your crime. And it’s common practice for landlords, banks, and credit card companies to do background checks on people before agreeing to do business with them.

 

Unfortunately, since those with criminal records are considered to be higher risks than the general populace, it’s quite common to get turned down for these things that you probably took for granted before your arrest. Imagine what life would be like if you couldn’t get credit, land a job, or find housing. Not very pleasant, is it?

 

Luckily, the state of South Dakota allows for a legal process called expungement whereby certain people under specific circumstances may have their records sealed by a judge so that the information can no longer be accessed by anyone in the public. Not only will you not have to worry about background checks anymore, you can legally state that you’ve never been convicted. Essentially, it’s a way of wiping your slate clean.

 

How does expungement work in South Dakota?

 

After 5 years have passed since the date the sentence was laid down, it is possible for an individual to petition for expungement of their criminal record. To be clear, the date in question must be the date that the accused was sentenced for the crime – dates involving charges being issued, the conviction, or even the arrest do not count. So long as the individual has fully completed his or her probation period and required sentence, as well as paying any fines related to the offense, it is very likely that expungement will be granted.

 

However, many jurisdictions still let individuals file for a probation modification if they have completed all requirements except for their probation period. A judge will then look at the case to see if he or she believes that the individual has shown “outstanding performance” throughout their probation, which could lead to shortening the probation time of that individual.

 

What kinds of documentation does South Dakota expunge?

 

Typically, the court will let any records relating to the criminal file in question to be expunged. This can include:

 

• police reports
• investigation reports
• other reports leading up to the conviction
• records of the detention
• correctional facility records
• court documents related to the case

 

Crimes in South Dakota that cannot be expunged

 

Because expungement is considered to be a privilege rather than a right in South Dakota, there are certain specific crimes that simply cannot be expunged, no matter the circumstances. The state will refuse expungement for any of the following crimes:

 

• any conviction in which a minor is involved
• any conviction that involves felony sexual assault
• a misdemeanor that involves a crime of moral turpitude
• convictions for Class A, Class B, Class 1, or Class 2 felonies
• any adult criminal convictions

 

Plan for South Dakota expungement from the beginning

 

With so much riding on your ability to expunge your crime and receive a clean slate, it is important that you hire a South Dakota criminal attorney with the knowledge and experience to ensure that you receive the best outcome. Knowing that you want to have the record expunged going into the trial and the preparation of your defense can alter the way your legal representative argues your case. Be sure to let him or her know what you want to happen and work to make it a reality.