State of South Dakota  
EIGHTY-SEVENTH SESSION
LEGISLATIVE ASSEMBLY, 2012  

397T0625   SENATE JUDICIARY ENGROSSED    NO.  SB 78 -  1/26/2012  

Introduced by:    Senators Olson (Russell), Johnston, Krebs, Nygaard, Peters, Rampelberg, and Vehle and Representatives Fargen, Blake, Gibson, Hansen (Jon), Killer, Kirkeby, Lucas, Sigdestad, Stricherz, and Tornow
 

        FOR AN ACT 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.

180 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.063 per page.   		.
   		Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.