Legal Question in Criminal Law in South Dakota

Sealed record unsealed

I plead no contest to Misdemeanor Assault, 08/1999. Sentence was 6 mos unsupervised probation & 724.00 fine. Fine was paid before we went to our next base. My ex-husband was military, fine had to be paid in full before we could leave. Since, record has been unsealed, state claims they have no proof of pymnt. My paperwork was destroyed yrs ago. What can I do to have it espunged again? I refuse to pay 2x's especially after 10 yrs.


Asked on 3/10/09, 5:47 pm

2 Answers from Attorneys

Solomon Chang Law Office of Solomon Chang

Re: Sealed record unsealed

Good Afternoon,

Misdemeanor expungements are not too complicated. They simply require that you complete all terms of probation successfully and that you are not currently serving on probation or charged with another offense.

In order to successfully expunge your misdemeanor record, you'll have to petition to the court via Penal Code section 1203.4 / 1203.4(a). This process involves showing the court that you have successfully completed all requirements, including paying fines.

It seems like you have an issue with regard to your fine payments. You will have to find some way to show the court that your fines were paid. Have you tried calling the actual courthouse that you pled N/C in? Maybe you can check with military records? Also, I find physically going to the courthouse clerk to pull your file is sometimes helpful.

Anyway, best of luck with the expungement process. If you would like to discuss your case further or need help digging up information, feel free to contact my office or visit my website at www.SolomonChang.com.

Sincerely,

Solomon Chang

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Answered on 3/10/09, 6:26 pm
Lyle Johnson Bedi and Johnson Attorneys at Law

Re: Sealed record unsealed

You should either contact the court and explain the situation or retain an attorney to contact the court to resolve the issue.

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Answered on 3/10/09, 9:23 pm


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