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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 23A-3-31: Report to Division of Criminal Investigation--Retention and use of nonpublic records--Sealing of records.

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Where this section sits in the code
  1. TITLE 23A. CRIMINAL PROCEDURE
  2. CHAPTER 23A-3. (RULE 4.1) ARREST

Any order of expungement shall be reported to the Division of Criminal Investigation pursuant to chapters 23-5 and 23-6. The court shall forward a nonpublic record of disposition to the Division of Criminal Investigation which shall be retained solely for use by law enforcement agencies, prosecuting attorneys, and courts in sentencing the defendant or arrested person for subsequent offenses.

As part of any order of expungement, the court shall order that all official records, other than the nonpublic records to be retained by the Division of Criminal Investigation, be sealed along with all records relating to the defendant or arrested person's arrest, detention, indictment or information, trial, and disposition.

Source: SL 2010, ch 126, § 6.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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