Can a DUI be expunged from my record?

In South Dakota, an individual can apply to have a DUI expunged from their record. Expungement is a process in which a court orders a criminal record or portion of a criminal record to be sealed. This means that the record will not be accessible to the public. To be eligible for expungement in South Dakota, the individual must satisfy certain eligibility requirements. First, the individual must have been found guilty but not sentenced as a result of the DUI charge. Second, the individual must not have been convicted of any other alcohol-related offenses within the last five years. Third, the individual must have complied with all sentencing requirements stemming from the DUI charge. Fourth, the individual must have no pending criminal charges. Once all of the eligibility requirements have been satisfied, the individual can begin the expungement process. This process begins with the individual filing a petition with the court. The petition must include information about the DUI offense, including the date, the location, the charges, and the sentence. The individual must also include a statement declaring that they have met all of the eligibility requirements. After the petition is filed, a judge will review the case and determine whether or not to grant the expungement. Once granted, the DUI record will be sealed and no longer available to the public. Though the DUI will no longer be visible to the public, it will still be accessible to certain entities such as law enforcement agencies. Expungement of a DUI record in South Dakota is a complex process and an individual should seek legal advice before applying.

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