A conviction, from petty theft or DUI to more serious felonies, can have adverse effects on a person’s future. However, there are pathways to closing a file and taking the next step.
Expungement is a process beginning at the local clerk of courts office and comes at the cost of a flat fee established in state statute. In South Dakota, it takes $70.
Amber Watkins is the Pennington County Clerk of Courts. While that fee could be prohibitively expensive, she said there are some options.
“You have to open a civil case in order to apply for an expungement," Watkins said. "So, that would be the only thing the Department of Corrections – the board of pardon and parole – they are actually the ones that would handle the pardon process. We also have motions and orders to waive the fees, but that’s ultimately the judges decision. You’ll have to fill out a financial affidavit, and then we send it to the judge for their decision.”
Other factors are also involved in the decision, such as the initial plea of the defendant, the state’s decision to prosecute, and time from the date of arrest.
“Let’s say they have two counts and they pled guilty to one but the other was dismissed – that case can’t be expunged," Watkins said. "It’s basically the entire case or nothing. The state of South Dakota does have forms for them to do that, they file a motion, mail the documents to the prosecutor, and then the prosecutor does have the ability to waive a hearing if they choose to do that.”
But an arrest can have serious implications on the lives of a defendant, from job searches to finding housing.
“Once they go through these questions and answer these questions it will tell them – you’re eligible or you’re not eligible," Watkins said. "So, they have their own forms online, and they have just a regular pardon or an expedited process.”
These documents can be found at a local Clerk of Courts office, and organizations like Dakota Plains Legal Services and East River Legal Services offer further assistance.