How do I get rid of a felony after 3 years in sd?

UPDATED: Feb 7, 2017

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How do I get rid of a felony after 3 years in sd?

Class 6 felony- assault of law

Asked on February 7, 2017 under Criminal Law, South Dakota


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

First of all, if this conviction was in federal court, you cannot. get it removed or "expunged". However, state court convictions can be expunged in some states. In SD, the law authorizes the destruction of criminal records for:

misdemeanor offenses, if at least 10 years have passed since successfully completing all terms of sentencing;
incidents that are no longer considered criminal in the state;
offenders who are at least s75 years old, if there have been no criminal proceedings against the person for 10 or more years; or
people who have died

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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