2023 South Dakota Codified Laws
Title 26 - Minors
Chapter 07A - Juvenile Court
Section 26-7A-115 - Sealing records in action involving delinquent child--Inspection.
26-7A-115. Sealing records in action involving delinquent child--Inspection.
In any action involving a delinquent child, the records and files of the court may be sealed by a court order issued on the court's own motion or on the petition of the child or the child's parents. However, no such petition may be filed and considered by the court until after one year from the date of the child's unconditional release from the court's jurisdiction or the discharge of the child by the Department of Corrections, whichever date is later. Upon the filing of the petition, the court shall set a date for hearing and shall notify the state's attorney and any other party who the court believes may have relevant information about the delinquent child. The court may order sealed all of the court's records and files and the records and files in the custody or under the control of any other agency or official if at the hearing on the petition to seal the court finds:
(1)The delinquent child has not been adjudicated as a delinquent under this chapter or chapter 26-8C since the termination of the court's jurisdiction of the child or the discharge of the child by the Department of Corrections;
(2)No proceeding involving the delinquent child concerning a felony, a sexual contact offense, a misdemeanor involving moral turpitude or a petition under this chapter or chapter 26-8C is pending or is being instituted against the child; and
(3)The rehabilitation of the delinquent child has been attained to the satisfaction of the court.
Source: SL 1991, ch 217, ยง109D.
