South Dakota Codified Laws 23A-3-26. Definition of expungement
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Terms used in §§ 23A-3-27 to 23A-3-33, inclusive, mean:
(1) “Expungement,” the sealing of all records on file within any court, detention or correctional facility, law enforcement agency, criminal justice agency, or Department of Public Safety concerning a person‘s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Expungement does not imply the physical destruction of records.
Terms Used In South Dakota Codified Laws 23A-3-26
- Arrest: Taking physical custody of a person by lawful authority.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 2010, ch 126, § 1.