The Sturgis Motorcycle Rally is an exhilarating event that attracts thousands of motorcyclists from around the world. However, the excitement and festivities can sometimes lead to unfortunate legal troubles, such as DUIs, drug charges and other offenses.
An arrest or conviction related to the rally can have long-lasting personal, legal and financial consequences. South Dakota law provides a pathway to expunge or seal these records, helping individuals move past their mistakes.
What does It mean to “expunge” a criminal record?
Expunging a criminal record in South Dakota means sealing all records held by judicial, correctional, law enforcement or criminal justice agencies. This includes details of the arrest, detention, trial or disposition.
Unlike some states where expungement means the physical destruction of records, in South Dakota, it means the records are no longer accessible to the public. This can be crucial when applying for a job, housing or educational opportunities.
Who is eligible to have criminal records sealed or expunged?
Eligibility depends on several factors. In most instances, the person making the request must be 75 years old without committing a crime in at least a decade. However, special conditions may apply to expunge records for other individuals. For convictions, those conditions include:
- The individual is deceased.
- The governor pardoned them.
- The incident is no longer considered a crime.
- Misdemeanor offenses occurred at least ten years before the petition date.
Special conditions may also apply to expunge arrest records, including:
- Non-convictions: Arrests not leading to a conviction are eligible after one year.
- Dismissals: Cases formally dismissed by the prosecuting attorney are eligible after one year.
- Acquittals: Arrests that resulted in an acquittal have no waiting period.
Working with an experienced criminal defense attorney can be crucial, as they understand the nuances of the law to help you determine if you’re eligible and guide you through the process effectively. Expunging criminal records can be challenging. However, if you meet the requirements, sealing these records can help you protect your reputation and future well-being.