DUI Expungement in South Dakota

What is DUI expungement, and is it possible in South Dakota?

DUI expungement is the process of having a DUI charge removed from a person’s criminal record. In South Dakota, it is possible to have a DUI charge expunged from one’s criminal record under certain circumstances. These circumstances include, but are not limited to, cases in which a person has received a withheld judgment, their court sentence has been fully served, or they have been pardoned for the DUI offense by the Governor.

What are the eligibility criteria for DUI expungement in South Dakota?

In order to be eligible for DUI expungement in South Dakota, the following criteria must be met:

1. The DUI offense must have been committed five or more years prior to the date of the request for expungement.

2. There must not have been any other convictions within the previous five years.

3. No other offenses, misdemeanors or felonies, were committed in connection with the DUI offense.

4. The applicant must have no pending charges or cases against them in any court.

5. The applicant must demonstrate good moral character and successful rehabilitation since the conviction of the DUI offense.

Is there a waiting period before someone can apply for DUI expungement in South Dakota?

Yes, there is a waiting period before someone can apply for DUI expungement in South Dakota. The waiting period is five (5) years after the completion of your sentence. This means that you must wait five (5) years after your sentence is complete before you can file for an expungement.

What types of DUI convictions may be eligible for expungement in South Dakota?

In South Dakota, DUI convictions that meet certain criteria may be eligible for expungement. These criteria include that the person was not previously convicted of any other criminal charges, the DUI conviction was the only conviction in the past 10 years, the DUI conviction was not a felony offense, and it was not for a crime involving injury or death to another person. Additionally, all associated fines and fees must be paid in full.

Are there specific conditions or rehabilitation programs required for expungement eligibility in South Dakota?

In South Dakota, there are no specific conditions or rehabilitation programs that are required for expungement eligibility. In order to qualify for expungement, the applicant must have had no other criminal convictions or pending charges during the time between the completion of their sentence and the filing of their expungement petition. Additionally, all court costs and fines must be paid in full before an expungement petition can be approved.

How does someone initiate the DUI expungement process in South Dakota?

To initiate the DUI expungement process in South Dakota, an individual must submit a formal petition to the court. The petition must include a copy of the individual’s criminal history report, which can be obtained from the South Dakota Division of Criminal Investigation (DCI). The petition must also include all relevant documentation, such as evidence of completion of any court-ordered programs, a statement of the reasons why the expungement is being sought, and the individual’s current contact information. The court will then review the petition and make a determination as to whether the expungement can be granted.

What documentation or evidence is needed when applying for expungement in South Dakota?

When applying for expungement in South Dakota, the applicant must provide evidence that their conviction is eligible for expungement. This includes documents such as court records, police reports, and sentencing documentation. Additionally, the applicant may need to provide evidence of their rehabilitation and good moral character such as letters of recommendation from employers, references, or community service. The applicant may also need to provide additional documents such as proof of payment of all fines and restitution associated with the conviction.

Are there fees associated with filing for DUI expungement in South Dakota?

Yes, there are fees associated with filing for DUI expungement in South Dakota. The filing fee for a DUI expungement in South Dakota is $105.25. If the applicant’s record is eligible for expungement, the court may reduce or waive the fee.

Can individuals with multiple DUI convictions apply for expungement in South Dakota?

No, individuals with multiple DUI convictions in South Dakota are not eligible for expungement. In South Dakota, only certain misdemeanors and felonies are eligible for expungement. Furthermore, any felony convictions must be more than five years old and any misdemeanor convictions must be more than three years old.

Does expungement result in the complete removal of the DUI record, or is it sealed in South Dakota?

In South Dakota, expungement does not completely remove a DUI record, but the record is sealed and cannot be accessed by the public.

How do employers, landlords, and background check companies view expunged DUI records in South Dakota?

Under South Dakota state law, a DUI charge is eligible for expungement if the offender has successfully completed deferred prosecution or probation, and/or if the charges were dismissed or found not guilty. However, even if a DUI charge is expunged, employers, landlords, and background check companies may still be able to find out about it by checking court records, reports from law enforcement agencies, and other public sources of information. Therefore, although the DUI charge will not appear on an individual’s criminal record after expungement, it is still likely to be visible to employers, landlords, and background check companies.

Is there a difference between expungement and setting aside a DUI conviction in South Dakota?

Yes, there is a difference between expungement and setting aside a DUI conviction in South Dakota. Expungement is the process of permanently removing an individual’s criminal record from public view, while setting aside a DUI conviction is a process where the court withdraws an individual’s plea of guilty or no contest and sets aside their DUI conviction. The court may then suspend the conviction and set conditions for it to be dismissed. However, the conviction still exists and can be used as a prior conviction if the individual is convicted of a subsequent DUI offense.

Can expunged DUI records be used against an individual in future DUI cases in South Dakota?

No. According to South Dakota law, expunged DUI records are not available to be used against someone in future DUI cases. They are completely erased from the system and cannot be accessed by law enforcement.

Do expunged DUI records affect professional licensing or certifications in South Dakota?

No, an expunged DUI record does not affect professional licensing or certifications in South Dakota. According to South Dakota law, records of arrests and convictions that have been expunged are not considered criminal history for the purpose of obtaining, renewing, or reinstating a professional license or certification.

Are there any restrictions on firearm ownership after DUI expungement in South Dakota?

No, there are no restrictions on firearm ownership after DUI expungement in South Dakota.

Is there a waiting period for expungement to take effect after approval in South Dakota?

In South Dakota, there is no waiting period for an expungement to take effect after it has been approved. Once the order is signed by a judge, the expungement is immediate and takes effect.

What role does the court or prosecutor play in the DUI expungement process in South Dakota?

In South Dakota, the court plays a role in the DUI expungement process in that it is responsible for granting or denying an expungement petition. The prosecutor may also play a role in this process by either supporting or opposing the petition. In some cases, the prosecutor will review the petition and make a recommendation to the court as to whether they believe the expungement should be granted or denied.

Are there resources or organizations that provide guidance on DUI expungement in South Dakota?

Yes, there are resources and organizations that provide guidance on DUI expungement in South Dakota. The South Dakota Department of Public Safety has an informational page that provides information about the expungement process in the state, including eligibility criteria and requirements. The South Dakota Bar Association also offers information on expungement for DUI convictions. Additionally, the South Dakota Office of the Attorney General provides a list of DUI attorneys who can provide legal advice and assistance with DUI expungement.

What is the timeline for completing the DUI expungement process in South Dakota?

The timeline for completing the DUI expungement process in South Dakota will depend on the particular case. Generally speaking, the process can take anywhere from 6 months to 1 year.

How does DUI expungement impact immigration status, if applicable in South Dakota?

In South Dakota, DUI expungement does not have any direct impact on immigration status or eligibility for citizenship. However, since immigration law is complex and subject to change, it is important to consult with a qualified legal professional to determine if a DUI expungement can have an indirect effect on a person’s immigration status. In some cases, a DUI offense that has been expunged may still be considered in determining a person’s eligibility for citizenship or other immigration benefits.