PETITION FOR EXPUNGEMENT

State of South Dakota, [] Judicial Circuit, [] County
Court File No. ______

TABLE OF CONTENTS

1. Document Header
2. Petition
   2.1 Parties & Caption
   2.2 Jurisdiction & Venue
   2.3 Definitions
   2.4 Factual Background
   2.5 Eligibility & Waiting-Period Compliance
   2.6 Legal Grounds for Expungement
   2.7 Public-Interest Statement
   2.8 Prayer for Relief
3. Verification (Affidavit)
4. Certificate of Service
5. Signature Block

[// GUIDANCE: Tailor section numbering to local court-rule formatting if the presiding judge requires a different pleading structure.]

1. DOCUMENT HEADER

IN THE CIRCUIT COURT OF THE [] JUDICIAL CIRCUIT
COUNTY OF [], STATE OF SOUTH DAKOTA

In the Matter of the Petition of
[PETITIONER FULL LEGAL NAME],
  Petitioner,

For Expungement of Criminal Record Under
S.D. Codified Laws ch. 23A-3.

2. PETITION

2.1 Parties & Caption

1. Petitioner [PETITIONER NAME] (“Petitioner”) is an adult individual whose residential address is [STREET, CITY, STATE, ZIP].
2. The Respondent for service purposes is the Office of the State’s Attorney for [COUNTY] County (“State”), located at [ADDRESS].

[// GUIDANCE: List additional agencies (e.g., municipal police departments, Division of Criminal Investigation) if local rules require notice to each custodian of records.]

2.2 Jurisdiction & Venue

3. This Court has jurisdiction over this matter pursuant to S.D. Codified Laws ch. 23A-3 and general criminal-procedure jurisdiction.
4. Venue is proper in this Court because the underlying arrest/charge occurred in [COUNTY] County.

2.3 Definitions

For purposes of this Petition:
“Record” means every paper, docket entry, electronic entry, index, photograph, or any other data compilation maintained by any criminal-justice agency related to the Arrest, Charge, or Conviction described herein.
“Eligible Offense” means an offense that qualifies for statutory expungement under S.D. Codified Laws ch. 23A-3.
“Waiting Period” means the statutory duration that must elapse after the applicable disposition before expungement may be granted.

2.4 Factual Background

5. On [DATE OF ARREST], Petitioner was arrested in [CITY/COUNTY] for the offense(s) of [LIST CHARGES] (“Arrest”).
6. Case No. [CASE NUMBER] was disposed of by [DISMISSAL / ACQUITTAL / GUILTY PLEA / VERDICT] on [DISPOSITION DATE].
7. Petitioner [completed / was not required to complete] all sentencing obligations, including payment of fines, restitution, probation, and any terms of incarceration, on [COMPLETION DATE].
8. More than the requisite Waiting Period—specifically [NUMBER] years—has elapsed since final discharge, as required by S.D. Codified Laws ch. 23A-3.

[// GUIDANCE: Attach certified copies of judgment, dismissal order, or proof of sentence completion as Exhibit A.]

2.5 Eligibility & Waiting-Period Compliance

9. Petitioner affirms that:
   a. The offense is an Eligible Offense pursuant to S.D. Codified Laws ch. 23A-3;
   b. Petitioner has not been convicted of a felony (other than those eligible under § 23A-3) since the disposition of the underlying case;
   c. No criminal charges are presently pending against Petitioner;
   d. The statutory Waiting Period of
   • 5 years for a misdemeanor, or
   • 10 years for a Class 5 or Class 6 felony
   has fully elapsed since the completion of all conditions of sentence.

[// GUIDANCE: Update years if current statute is amended. If the petitioner’s case ended with dismissal/acquittal, note that a minimum 60-day period may suffice under SDCL § 23A-3-27.]

2.6 Legal Grounds for Expungement

10. Under S.D. Codified Laws ch. 23A-3, trial courts may order expungement when (i) statutory criteria are met; and (ii) the interests of justice warrant sealing.
11. Petitioner satisfies all statutory criteria and has demonstrated rehabilitation.
12. Retention of the Record threatens Petitioner’s access to employment, housing, and professional licensing, contrary to the remedial purpose of the statute.
13. Expungement will not compromise public safety; sealed records remain accessible to law-enforcement personnel and prosecuting authorities as provided by statute.

2.7 Public-Interest Statement

14. The public interest is served by enabling re-integration of rehabilitated individuals, consistent with legislative policy favoring second chances.

2.8 Prayer for Relief

WHEREFORE, Petitioner respectfully requests that the Court:
A. Order all arrest, charge, and conviction records described herein SEALED from public inspection;
B. Direct each criminal-justice agency possessing the Record to comply with the Court’s order within thirty (30) days, including removal from publicly accessible databases;
C. Authorize Petitioner to lawfully respond to inquiries as though the underlying arrest/conviction never occurred, except where disclosure is statutorily required;
D. Grant such other and further relief as the Court deems just and proper.

3. VERIFICATION (AFFIDAVIT)

STATE OF SOUTH DAKOTA )
:SS )
COUNTY OF [___] )

I, [PETITIONER NAME], being first duly sworn, depose and state that I am the Petitioner in the above-entitled action; that I have read the foregoing Petition for Expungement and know the contents thereof; and that the same is true and correct to the best of my knowledge, information, and belief.

[PETITIONER NAME]

Subscribed and sworn to before me this ___ day of ____, 20__.

Notary Public
My Commission Expires: ____

4. CERTIFICATE OF SERVICE

I certify that on the ___ day of ____, 20__, I served a true and correct copy of the foregoing Petition upon the State’s Attorney for [COUNTY] County by [PERSONAL DELIVERY / CERTIFIED MAIL / E-FILE] at [ADDRESS], as required by S.D. Codified Laws ch. 23A-3 and local rules.

[PETITIONER OR COUNSEL NAME]

5. SIGNATURE BLOCK

Respectfully submitted,

[ATTORNEY NAME], Esq. (#__)
[LAW FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner

[// GUIDANCE:
1. Attach a proposed “ORDER FOR EXPUNGEMENT” for the judge’s signature.
2. Confirm whether your circuit requires a separate Notice of Hearing or if the clerk schedules one after filing.
3. Some counties require a filing fee; verify current fee schedule.
4. Ensure compliance with e-filing technical standards (PDF/A, OCR, bookmarking).]

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