Clearing a DUI From Your Record in South Dakota
Whether a DUI or DWI conviction can be expunged or sealed in South Dakota, and what to do instead if it can't.
Short answer: File a motion for expungement with the court that would have jurisdiction over the crime. Serve a copy on the prosecutor at least 14 days before any hearing. The prosecutor may object in writing and at the hearing. SDCL 23A-3-27 to 23A-3-29
| How to apply | File a motion for expungement with the court that would have jurisdiction over the crime. Serve a copy on the prosecutor at least 14 days before any hearing. The prosecutor may object in writing and at the hearing. The court may hold a hearing unless the person, the prosecutor and the victim all waive it. The court may also require affidavits or other evidence. The Board of Pardons and Paroles suggests talking to an attorney or contacting the court about expungement options. Source: SDCL 23A-3-27 to 23A-3-29 |
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Where to get help in South Dakota
More South Dakota expungement & criminal records
- Getting a Copy of Your South Dakota Criminal Record
- Expunging or Sealing a Felony in South Dakota
- How to File for Expungement in South Dakota
- Sealing or Expunging Juvenile Records in South Dakota
- All South Dakota expungement & criminal records rules
FAQ
How do you file for expungement in South Dakota?
File a motion for expungement with the court that would have jurisdiction over the crime. Serve a copy on the prosecutor at least 14 days before any hearing. The prosecutor may object in writing and at the hearing. The court may hold a hearing unless the person, the prosecutor and the victim all waive it. The court may also require affidavits or other evidence.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.