Sealing or Expunging Juvenile Records in South Dakota
How juvenile records are sealed or expunged in South Dakota, and whether it happens automatically.
Short answer: In a delinquency case, the court may seal its records on its own motion or on a petition by the child or a parent. SDCL 26-7A-115, 26-7A-116
| Juvenile records | In a delinquency case, the court may seal its records on its own motion or on a petition by the child or a parent. The petition can be filed one year after the child's unconditional release from court jurisdiction or discharge by the Department of Corrections, whichever is later. After a hearing with notice to the state's attorney, the court may seal the records if the child has had no new delinquency adjudication, no serious proceeding is pending, and the child has been rehabilitated. Afterward, only the child, the state's attorney, or court services officers can petition to inspect the sealed records, and courts may use them for later proceedings and sentencing. Source: SDCL 26-7A-115, 26-7A-116 |
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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
- Clearing a DUI From Your Record in South Dakota
- How to File for Expungement in South Dakota
- All South Dakota expungement & criminal records rules
FAQ
How do you seal a juvenile record in South Dakota?
In a delinquency case, the court may seal its records on its own motion or on a petition by the child or a parent. The petition can be filed one year after the child's unconditional release from court jurisdiction or discharge by the Department of Corrections, whichever is later. After a hearing with notice to the state's attorney, the court may seal the records if the child has had no new delinquency adjudication, no serious proceeding is pending, and the child has been rehabilitated. Afterward, only the child, the state's attorney, or court services officers can petition to inspect the sealed records, and courts may use them for later proceedings and sentencing.
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.