Section 23A-3-25 – Authority of federal law enforcement officer.
23A-3-25. Authority of federal law enforcement officer. Any federal law enforcement officer holds the same authority as a state or local law enforcement officer in this state when making an arrest for a nonfederal crime under any of the following circumstances: (1)The officer has reasonable grounds to believe that a state felony has been committed […]
Section 23A-3-26 – Definition of expungement.
23A-3-26. Definition of expungement. 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 […]
Section 23A-3-27 – Motion for expungement of arrest record.
23A-3-27. Motion for expungement of arrest record. An arrested person may apply to the court that would have jurisdiction over the crime for which the person was arrested, for entry of an order expunging the record of the arrest: (1)After one year from the date of any arrest, if no accusatory instrument was filed; (2)After […]
Section 23A-3-28 – Service of motion–Fee.
23A-3-28. Service of motion–Fee. At least fourteen days before any hearing on a motion for expungement, a copy of the motion shall be served upon the office of the prosecuting attorney who prosecuted the crime or violation, or who had authority to prosecute the charge if there was no accusatory instrument filed. The prosecuting attorney […]
Section 23A-3-29 – Hearing on motion for expungement.
23A-3-29. Hearing on motion for expungement. The court may fix a time and place for a hearing on the motion unless waived by the defendant, arrested person, prosecuting attorney, and victim. The court may require the filing of such affidavits and may require the taking of such evidence as it deems proper. Source: SL 2010, […]
Section 23A-3-30 – Order of expungement.
23A-3-30. Order of expungement. The court may enter an order of expungement upon a showing by the defendant or the arrested person by clear and convincing evidence that the ends of justice and the best interest of the public as well as the defendant or the arrested person will be served by the entry of […]
Section 23A-3-31 – Report to Division of Criminal Investigation–Retention and use of nonpublic records–Sealing of records.
23A-3-31. Report to Division of Criminal Investigation–Retention and use of nonpublic records–Sealing of records. 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 […]
Section 23A-3-32 – Effect of order of expungement.
23A-3-32. Effect of order of expungement. The effect of an order of expungement is to restore the defendant or arrested person, in the contemplation of the law, to the status the person occupied before the person’s arrest or indictment or information. No person as to whom an order of expungement has been entered shall be […]
Section 23A-3-33 – No time limitation for making application.
23A-3-33. No time limitation for making application. A court may issue an order of expungement for arrests that occurred before, as well as those that occurred after, July 1, 2010. There is no statute of limitation for making an application. Source: SL 2010, ch 126, §8.
Section 23A-3-34 – Defendant’s public record–Automatic removal of non-felony charges or convictions–Case record available to authorized personnel–Use as enhancement
23A-3-34. Defendant’s public record–Automatic removal of non-felony charges or convictions–Case record available to authorized personnel–Use as enhancement. Any charge or conviction resulting from a case where a petty offense, municipal ordinance violation, or a Class 2 misdemeanor was the highest charged offense shall be automatically removed from a defendant’s public record after five years if […]