Expunging or Sealing a Felony in South Dakota
Which felony convictions can be expunged or sealed in South Dakota, the waiting period, and how to file.
Short answer: South Dakota has no petition to expunge a felony conviction. A person never before convicted of a felony may receive a suspended imposition of sentence for most felonies (not those punishable by death or life imprisonment). SDCL 23A-27-13, 23A-27-14, 23A-27-17, 24-14-11
| Felony convictions | South Dakota has no petition to expunge a felony conviction. A person never before convicted of a felony may receive a suspended imposition of sentence for most felonies (not those punishable by death or life imprisonment). When the person completes probation, the court discharges them without a judgment of guilt and orders the records sealed. This can happen only once. Otherwise, a felony conviction record is sealed only through a pardon granted under the Board of Pardons and Paroles process. |
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| 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 |
| What clearing a record does | An expungement order restores the person, in the eyes of the law, to the status they had before the arrest or charge. The person cannot be charged with perjury or false statement for not mentioning the arrest, charge, or trial when asked. The court sends a nonpublic record to the Division of Criminal Investigation. Law enforcement, prosecutors and courts may use it only for sentencing on later offenses. All other official records are sealed. The Board of Pardons and Paroles says firearm restrictions tied to felony or domestic-violence misdemeanor convictions are governed by federal law, and that restoring those rights requires clemency. A state expungement may not change how federal immigration authorities treat a record. Source: SDCL 23A-3-31, 23A-3-32 |
Where to get help in South Dakota
More South Dakota expungement & criminal records
- Getting a Copy of Your South Dakota Criminal Record
- Clearing a DUI From Your Record 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
Can a felony be expunged in South Dakota?
South Dakota has no petition to expunge a felony conviction. A person never before convicted of a felony may receive a suspended imposition of sentence for most felonies (not those punishable by death or life imprisonment). When the person completes probation, the court discharges them without a judgment of guilt and orders the records sealed. This can happen only once. Otherwise, a felony conviction record is sealed only through a pardon granted under the Board of Pardons and Paroles process.
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.
What happens after a record is expunged or sealed in South Dakota?
An expungement order restores the person, in the eyes of the law, to the status they had before the arrest or charge. The person cannot be charged with perjury or false statement for not mentioning the arrest, charge, or trial when asked. The court sends a nonpublic record to the Division of Criminal Investigation. Law enforcement, prosecutors and courts may use it only for sentencing on later offenses. All other official records are sealed.
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.