Statutory authority for expungement of criminal records does not exist in South Dakota. In the absence of statutory authority for expungement of criminal convictions, expungement must be sought under the court’s inherent authority to equitable expunge records.
Upon receipt of written request for expungement; certified copy of the
final court order reversing and dismissing the conviction or delinquency
adjudication; and any other information necessary to ascertain the
validity of the request, the South Dakota State Forensic Laboratory shall
expunge all DNA records and identifiable information in the database
pertaining to the person and destroy the DNA sample from the person,
unless the South Dakota State Forensic Laboratory determines that the
person has otherwise become obligated to submit a DNA sample.