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 […]
Section 23A-3-35 – Eligibility of person placed in diversion program for expungement of record.
23A-3-35. Eligibility of person placed in diversion program for expungement of record. If an arrested person is placed in a diversion program, the person is eligible for an expungement of the entire criminal record related to that arrest if: (1)The person has successfully completed all the terms of the diversion program; and (2)The person has […]
Section 23A-3-17 – Arrest for felony on intrastate fresh pursuit.
23A-3-17. Arrest for felony on intrastate fresh pursuit. Any law enforcement officer of this state in fresh pursuit of a person who is reasonably believed by him to have committed a felony in this state shall have the authority to arrest and hold in custody such person anywhere in this state. This section shall not […]
Section 23A-3-18 – Disposition of prisoner taken on intrastate fresh pursuit.
23A-3-18. Disposition of prisoner taken on intrastate fresh pursuit. If an arrest under §23A-3-17 is made in obedience to a warrant, the disposition of the prisoner shall be as in other cases of arrest under a warrant; if the arrest is without a warrant, the prisoner shall without unnecessary delay be taken before a magistrate […]
Section 23A-3-19 – Definition of fresh pursuit in intrastate felony arrests.
23A-3-19. Definition of fresh pursuit in intrastate felony arrests. The term “fresh pursuit” as used in §§23A-3-17 to 23A-3-19, inclusive, shall include fresh pursuit as defined by the common law and also the pursuit of a person who has committed a felony or who is reasonably suspected of having committed a felony in this state. […]
Section 23A-3-20 – Citation of provisions on intrastate fresh pursuit.
23A-3-20. Citation of provisions on intrastate fresh pursuit. Sections 23A-3-17 to 23A-3-19, inclusive, may be called the “Uniform Law on Intrastate Fresh Pursuit.” Source: SL 1941, ch 153, §5; SDC Supp 1960, §34.16A01; SDCL, §23-22-41; SL 1978, ch 178, §35.
Section 23A-3-24 – Federal law enforcement officer defined.
23A-3-24. Federal law enforcement officer defined. For the purposes of §23A-3-25, the term, federal law enforcement officer, means any officer or employee of the Federal Bureau of Investigation, the Drug Enforcement Administration, the United States Marshall Service, the Internal Revenue Service, the Secret Service, the Bureau of Alcohol, Tobacco, and Firearms, the United States Postal […]
Section 23A-3-12 – Taking before magistrate of person arrested by officer of another state–Commitment to await extradition–Discharge if arrest unlawful.
23A-3-12. Taking before magistrate of person arrested by officer of another state–Commitment to await extradition–Discharge if arrest unlawful. If an arrest is made in this state by an officer of another state in accordance with the provisions of §23A-3-9 or 23A-3-10, the officer shall without unnecessary delay take the person arrested before a magistrate of […]
Section 23A-3-13 – District of Columbia treated as state.
23A-3-13. District of Columbia treated as state. For the purposes of §§23A-3-9 to 23A-3-15, inclusive, the word “state” shall include the District of Columbia. Source: SL 1939, ch 139, §4; SDC Supp 1960, §34.16B04; SDCL, §23-23-3; SL 1978, ch 178, §26.