In re Expungement of the Record Concerning Taliaferro
Annotate this CaseA grand jury indicted Brandon Taliaferro of seven charges. The State formally dismissed two charges, and the circuit court granted judgments of acquittal on the remaining five charges. Thereafter, Taliaferro filed a petition for expungement of all seven charges pursuant to S.D. Codified Laws 23A-3-27. The circuit court granted the petition of expungement as to the five acquitted charges but denied the petition as to the two dismissed charges on the grounds that the court did not have the prosecutor’s consent. The Supreme Court affirmed, holding that the circuit court did not err when it denied Taliaferro’s petition to expunge the two dismissed charges, as the plain language of section 23A-3-27 only allows for the expungement of dismissed charges when the entire criminal case has been dismissed on the record, not when only part of the case has been dismissed.
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