Legal Opinion
In Re the Expungement of Records Related to Oliver
South Dakota Supreme Court
Decided February 8, 2012No. 25955PublishedCited by 28 opinions
1Opinion of the Court
WILBUR, Justice.
[¶ 1.] Misty Jo Oliver’s record contains two misdemeanor convictions. She asked the trial court to expunge her record of convictions pursuant to SDCL 23A-3-26 through SDCL 23A-3-33 (collectively, “the expungement statutes”). The trial court granted her request. The State appealed on the grounds that under both the ex-pungement statutes and the South Dakota Constitution the trial court was without jurisdiction to expunge records of Oliver’s convictions. Because we hold that the trial court did not have statutory authority to grant the expungement, we reverse.
FACTS AND…
2Cases cited16 opinions
- Food & Drug Administration v. Brown & Williamson Tobacco Corp.Supreme Court of the United States · 2000
- Davis v. Michigan Department of the TreasurySupreme Court of the United States · 1989
- Solid Waste Agency of Northern Cook County v. United States Army Corps of EngineersSupreme Court of the United States · 2001
- Doe v. ChaoSupreme Court of the United States · 2004
- Petition of Famous Brands, Inc.South Dakota Supreme Court · 1984
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3Cited by28 opinions
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