Expungement in South Dakota

[Wicker]

I want to expunge a couple of Misdemeanors in S.D., it has been over three years and I was wondering if I could have them removed or sealed for the purpose of future employment. Is an expungement possible? What are the requirements? I would also like seal an arrest record if possible. Any help?

[aaron]

If you received a delayed adjudication then your records should have been automatically sealed at the successful conclusion of your probation. If not, it appears that you need to seek a pardon which, if successfully obtained, will cause your criminal record to be sealed. You can download pardon application materials [PDF format].

[Wicker]

I didn't get a delayed adjudication and was over 18 at the time of the crime. I successfully completed my probation period. What are my chances of getting my record sealed? Would my arrest record also be sealed of would it just seal my convictions? Thanks for your help.

[aaron]

It sounds like you will need to apply for a pardon. If you wish to know your chances of success, pardon rates vary significantly by state and statistics are usually hard to come by, so I suggest you consult a criminal defense lawyer in your state.

[Wicker]

Would a pardon seal my arrest record also, or just my convictions?

[aaron]

As indicated above, a pardon, if successfully obtained, will cause your criminal record to be sealed.

[Wicker]

What is the process involved in applying for a pardon? Do I necessarily need an attorney or can I apply for a pardon myself? I had several misdemenors put on my record, will that decrease my chances for a pardon as opposed to just one offense? Thanks for the help.

[aaron]

Follow the link provided above, download the pardon application materials, complete and submit them. The worse your record, the worse your chances of getting a pardon.

[Wicker]

Where can I get these documents to fill out?

[aaron]

Follow the link provided above.