Fill and Sign the Motion for Expungement Instruction Sheet State of South Dakota Form

IN THE ___________COURT OF______________ (County), ______________ (State) ______________________ PLAINTIFF (Name of State) V. CAUSE NO. _______,_______ ______________________ DEFENDANT (Name of Defendant) Motion to Expunge Criminal Offender Record Comes now ____________________ (Name of Defendant), Defendant, in the above-captioned cause, who, by and through his attorney moves the Court to order the expungement of his criminal records, including records generated by the criminal offender record information system on or before __________________ (date). As reasons therefore, undersigned counsel states the following: ___________________ (Cite state statute) authorizes the Court to order the expungement of the record, upon a finding that there was insufficient probable cause for the arrest of Defendant. As reflected in the court records, there was no probable cause for the arrest of Defendant in this matter. Accordingly, Defendant requests that any reference to the charges in _________________ (docket number), which were dismissed due to a lack of probable cause for issuing the charges, be removed from the criminal records of ________________ (Name of County) and ________________(Name of State). (Another Option for Paragraph 2) ____________________ (Cite state statute) authorizes the Court to order the expungement of the record, upon a finding of the Court there was insufficient probable cause for the arrest of Defendant. As reflected in the court records, there was no probable cause for the arrest of Defendant in this matter. Accordingly, Defendant requests that the Court direct the Clerk of the Court to cause the conviction to be removed from the criminal records of _________________ (Name of County) and _________________ (Name of State). Respectfully submitted, ________________________ (Name of Defendant)
2. In the court of (county), (state), in a matter involving the arrest of a defendant by the state of (county), where: (cite) defendant (name of defendant) was arrested on (date) for a violation of (law) (title) of the state of (state), and, thereupon charged, was found guilty of the offense, and thereupon discharged by the court pursuant to (law) (title) of the state of (state), and the court ordered the record of (name of (state), where defendant was released) expunged from the state's criminal offender record and from the records of (name of county); the conviction of the defendant was subsequently reviewed pursuant to (law) (title) of the state by the state's attorney and was found not to be the result of any violation or error of law or of procedures under (title) of the state of (state), and the record of (name of state) with respect to that matter is not part of the state's criminal offender record, and there is now pending prosecution of the defendant, the record may remain in the (name of state). Respectfully submitted, (name of defendant) i hope you will understand my point. You could easily come off as a harass if you do not recognize that it is a lot less invasive to expunge the information than to simply delete it. When you delete a record, you still need to purge the database, but removing the record itself does not require you to purge the database. I've got plenty of records that i'd want my son expunged from, from the same or the same offense, so I'll have to do it at some point, but i'll understand, this approach would save me a lot of time, a lot of effort, a lot of effort. And all of my paperwork, my paperwork is going to be much easier to manage if it can simply be deleted. It certainly is a bit of a sacrifice to be willing to expunge records in cases like this. You sacrifice your privacy, your right to not incriminate yourself. And you sacrifice your ability to prosecute someone in the future, for any reason they choose. But it is the best possible way to deal with the problem in the absence of more intrusive ways to get rid of that troublesome information.<|endowment|>sometime this week, the senate judiciary committee will hold a hearing. The topic will be “the death of free speech: