CHAPTER 131

(SB 78)

Arrest record may be expunged when the case is dismissed.


        ENTITLED, An Act to allow an arrest to be expunged when the criminal case is dismissed.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 23A-3-27 be amended to read as follows:

    23A-3-27. 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 after one year from the date of any arrest, if no accusatory instrument was filed, or at any time after an acquittal:

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

            (2)    With the consent of the prosecuting attorney at any time after the prosecuting attorney formally dismisses the entire criminal case on the record; or

            (3)    At any time after an acquittal.

     Signed March 2, 2012
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