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IN RE OLIVER

No. 25955.

810 N.W.2d 350 (2012)

2012 S.D. 9

In the Matter of the Expungement of Records Related to Misty Jo OLIVER, Petitioner.

Supreme Court of South Dakota.

Decided February 8, 2012.

Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Paul S. Swedlund , Assistant Attorney General, Pierre, South Dakota, Attorneys for respondent and appellant State of South Dakota.

Ronald A. Parsons, Jr. , Johnson, Heidepriem, & Abdallah, LLP, Sioux Falls, South Dakota, Thomas L. Sannes of Delaney, Vander Linden, Delaney, Nielsen & Sannes PC, Webster, South Dakota, Attorneys for petitioner and appellee Oliver.

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 expungement statutes and the South Dakota Constitution the trial court was without jurisdiction to expunge records of Oliver's convictions...

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