Can I get an expungement for a DUI conviction?
In South Dakota, a DUI conviction typically comes with serious consequences and can remain on an individual’s criminal record for a long time. Depending on the circumstances, an individual may be able to pursue an expungement of their DUI conviction. An expungement is a process by which a criminal offense is removed from a person’s official record. Generally, the process of seeking an expungement begins with an initial petition to the court. The individual then presents evidence to support why they should qualify for the expungement. In order to qualify for an expungement, the individual must meet certain requirements set by the state. In South Dakota, the requirements for an expungement of a DUI conviction are outlined in section 23A-35-25 of the South Dakota Code. The individual must have no felony or misdemeanor convictions for the two years prior to the expungement petition, and the individual must have paid all the fines and other obligations that resulted from their conviction. Additionally, the individual must have no pending criminal charges or pending traffic violations. If an individual meets all of the requirements, then their petition for an expungement may be granted. Overall, in South Dakota, an individual may be eligible for an expungement of a DUI conviction if they meet the criteria outlined in the South Dakota Code. It is important to remember, however, that the process of seeking an expungement must be done carefully, as the court makes the final decision on whether the conviction will be expunged.
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