How do I get a criminal record that I received in one state expunged now that I am living in another state?

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How do I get a criminal record that I received in one state expunged now that I am living in another state?

It is almost 5 years since I pled guilty to impersonation to deceive an officer in SD. I tried to lie to an officer about my birthdate. Since then, I graduated Magna Cum Laude with a B.A. and got into a graduate school out of state to pursue my M.A. and PhD. This is the only thing on my record. I am incredibly worried that this conviction will affect my ability to find a job in an already terrible job market (and it has done so twice already – I love working with kids and this conviction always causes problems). Now that I am in TN, how can I get this stricken from my record?

Asked on May 3, 2011 under Criminal Law, South Dakota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

It is wonderful to see that you have grown up and made something of your life.  And you are right: it is time to move on and try and get this conviction expunged.  If you can expunge a record depends on what type of charge it was.  Some states only allow for sealing a record. Generally, felonies can never be expunged.  South Dakota allows both expunging and sealing of records depending on the circumstances and the crime and charge.  If your crime can be expunged (or sealed) the you have to remember that you need to expunge both the conviction AND the arrest separately. And after you have made the applications and the time has passed, run a background check on your self.  You need to be sure that the expungement was done properly. If you were a minor at the time the records may already be sealed under state law.  You should speak with an attorney in South Dakota that does expungement but here is a link to the form used.  Good luck.

http://dci.sd.gov/administration/id/cch.htm


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