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South Dakota Court Records

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South Dakota's court system operates as a unified judicial system, as established by the South Dakota Constitution. This structure ensures consistency in judicial administration across the state and comprises two primary tiers of courts: the South Dakota Supreme Court and the circuit courts. Additionally, magistrate courts function as lower courts of limited jurisdiction. Over 180,000 cases are filed statewide every fiscal year in South Dakota's unified courts.

At the highest level, the South Dakota Supreme Court serves as the court of last resort for all state appellate matters. This court holds ultimate judicial authority in the state and is responsible for issuing binding legal interpretations, overseeing the operation of the court system, and setting policies through administrative orders. The Supreme Court also handles important matters such as attorney discipline, rule-making, and constitutional challenges.

Below the Supreme Court are the Circuit Courts, which are the trial courts of general jurisdiction. These courts are responsible for handling the majority of legal matters in the state, including felony criminal cases, civil disputes of all types and values, domestic relations cases, probate matters, and appeals from lower courts or administrative agencies.

To support the Circuit Courts, Magistrate Courts operate as courts of limited jurisdiction. These courts hear misdemeanor criminal cases, small claims, traffic violations, and other minor legal issues. Magistrate Courts play a crucial role in enhancing access to justice by providing a more direct and approachable legal forum for the public. The authority of a magistrate court in the South Dakota court system depends on whether it is presided over by a magistrate judge or a clerk magistrate. Magistrate judges are licensed attorneys appointed by the presiding circuit judge, whereas clerk magistrates are specially trained court staff who manage routine legal proceedings that must be handled swiftly, such as preliminary hearings or small claims.

What Are the Types of Court Records In South Dakota?

Courts in South Dakota maintain various categories of records, each corresponding to the types of cases processed within the respective courts. The responsibility for managing these records lies with the office of the clerk of court in each jurisdiction. The types of records maintained by South Dakota courts include the following:

  • South Dakota Supreme Court
    • Opinions and Rulings: Final decisions on appeals involving constitutional interpretation, statutory application, and procedural law.
    • Case Dockets: Includes all filings, appellate briefs, motions, and final orders for review by the high court.
    • Administrative Orders: Rules and directives impacting the statewide judicial system, including updates to court procedures and practice standards.
    • Petitions for Review: Requests for discretionary review of lower appellate decisions, typically involving significant legal questions.
  • South Dakota Circuit Courts
    • Criminal Case Records: Felony and misdemeanor case files, including indictments, arrest records, motions, plea agreements, trial transcripts, and sentencing orders.
    • Civil Case Records: Records from lawsuits involving tort claims, contracts, property disputes, personal injury, and injunctions.
    • Appeals from Magistrate Courts: The Circuit Court reviews cases appealed from Magistrate Courts, including motions and trial transcripts.
    • Problem-Solving Court Records: Specialized records for DUI, drug, and mental health courts, which involve monitored treatment and alternative sentencing programs.
    • Family Law Records: Divorce, child custody, spousal and child support, adoption, and visitation matters.
    • Protection Orders: Petitions and rulings under South Dakota's Domestic Abuse statutes
    • Juvenile Justice Records: Confidential proceedings involving minors accused of delinquency or status offenses.
    • Abuse and Neglect Cases: Records involving allegations of child abuse or neglect, including petitions to terminate parental rights.
    • Guardianship Records: Legal determinations for guardianship of minors and incapacitated adults.
  • South Dakota Magistrate Courts
    • Criminal Case Records: Handles initial proceedings for felony charges and all stages of Class 2 misdemeanors and petty offenses.
    • Civil Case Records: Small claims up to $12,000, contract disputes, and landlord-tenant cases.
    • Traffic Violation Records: Includes infractions such as speeding, careless driving, and license-related violations.
    • Initial Appearances and Bail Hearings: Documentation of arraignments, bail settings, and court conditions for pre-trial release.
    • Small Claims Records: Civil disputes involving amounts up to $12,000. Common cases include unpaid debts, damage claims, and consumer complaints.

Are South Dakota Court Records Public?

South Dakota court records are generally public and accessible under the state's open records laws. Hence, most adult criminal, civil, and protection order case records are available to the public. However, specific records are confidential and not accessible without a court order or legal authorization as specified under SDCL 15-15A-7. These include:

  • Juvenile case records
  • Adoption proceedings
  • Mental health and medical treatment records
  • Sealed or expunged cases. Note that the state may seal a part or a whole record if it contains sensitive personal information or when the need for privacy outweighs the requirement for public disclosure.

How Do I Search South Dakota Court Records?

You may search South Dakota court records via the following methods:

  • eCourts Portal: The eCourts system allows registered users to search for public case summaries by party name or case number. The eCourts portal provides summary information about cases in South Dakota courts. These include information such as documents filed, names of parties, hearings held, attorneys of record, judgment entered, and the outcome of completed cases.

Note that images of public documents filed are available for purchase. Documents may be purchased for $0.10 per page with a maximum of $3 per document. However, the eCourts public access system does not allow users to view or purchase documents online. Due to the potential inclusion of personally identifiable information and the absence of a redaction feature, document access is restricted. Currently, the public may access court documents using public access workstations available at all courthouses.

How To Retrieve Court Records Offline

If you need certified copies of court records in South Dakota, you may visit the office of the clerk of the court where the case was filed. You may need to complete a records request form and provide valid identification. In addition, public access terminals in South Dakota courthouses provide access to users to view open court records electronically. These terminals offer access to records that may not be available online. Standard copies of court records in South Dakota typically range between $0.10 and $2 per page, while certified copies cost between $5 and $15 per document. If you request a records search, there may be a $20 search fee.

South Dakota agencies, including courts, are generally expected to respond to public records requests within 10 business days. However, for requests that require extensive research or retrieval, response times may be longer.

Can I Seal or Expunge a South Dakota Court Record?

Expungement in South Dakota involves the sealing of records related to a person's apprehension, detention, arrest, trial, or disposition within the criminal justice system. Once expunged, these records are not accessible to the public, and the individual is legally considered not to have been arrested or convicted for the expunged offense. Unlike in some states, the state does not define the scope of expungement to include the physical destruction of records. The term "sealing" is often used synonymously with expungement in the state's statutes.

Eligibility for expungement in South Dakota varies based on the nature and outcome of the case. To qualify for filing an Expungement, one of the following must be true:

  • Arrest Without Charges: If no accusatory instrument was filed, an individual may petition for expungement one year after the date of arrest.
  • Dismissed Charges: If the prosecuting attorney has dismissed the criminal case in its entirety, a petition can be filed one year after the dismissal.
  • Dismissed Case: If the prosecuting attorney has dismissed the entire criminal case on the record upon a showing of compelling necessity, the individual involved may submit a petition for expungement within 12 months from the date of the dismissal.
  • Acquittal: If acquitted of all charges at trial, an individual may petition for expungement immediately upon acquittal.
  • No Charges Filed: If no accusatory instrument was filed, an individual may file an expungement petition 12 months from the date of the arrest.

Note that not all offenses are eligible for expungement in South Dakota. Examples include serious violent felonies, sex offenses, felony DUI offenses, and offenses involving the use of a deadly weapon.

To obtain expungement in South Dakota, follow these steps:

  • Obtain Criminal History: Request a copy of your criminal history from the South Dakota Division of Criminal Investigation (DCI). This may involve completing an authorization and release form, providing a government-issued photo ID, and paying a processing fee.
  • Complete Required Forms: Fill out the necessary expungement forms, including the Motion for Expungement (Form UJS-391A) and Case Filing Statement (Form UJS-232).
  • File the Petition: Submit the completed forms and the filing fee to the clerk of court in the county where the original case was filed. After, pay the $72 filing fee.
  • Serve the Prosecuting Attorney: Provide a copy of the filed petition to the prosecuting attorney's office.
  • Submit Mailing Affidavit and Admission of Service: After serving the office of the attorney, complete and file the UJS-391C form (Affidavit of Mailing) with the clerk of court. Upon receiving the UJS-391B (Admission of Service) back from the state attorney, file it with the clerk of the court
  • Request a Hearing: To request an expungement hearing in South Dakota, you must first complete and file the Notice of Hearing (Form UJS-393) with the clerk of court. A copy of this notice, along with the previously submitted Motion for Expungement, must then be mailed to the State's Attorney no less than 14 days before the scheduled hearing date. Once the documents are mailed, you must also complete an Affidavit of Mailing and file it with the clerk to confirm proper service.

Alternatively, you may request to waive the hearing altogether. This requires completing the Waiver of Hearing (Form UJS-392) and filing the signed form with the court. Unsigned copies must be sent to the state attorney and any victim involved, along with a self-addressed stamped envelope for return. Once all signed waivers are received, they must be filed with the clerk of court. After the Order on Motion for Expungement (Form UJS-394) may also be submitted to the court clerk. However, if the state attorney or the victim does not return a signed waiver, you must revert to the formal hearing request process.

  • Attend Expungement Hearing: If a hearing is scheduled, you must attend court on the specified date and time. You will need a blank copy of the Order on Motion for Expungement (Form UJS-394) at the hearing.
  • Notice of Entry of Order on Motion for Expungement: Regardless of whether a hearing is held, once the judge signs and the clerk files the Order on Motion for Expungement, you must complete the Notice of Entry of Order of Expungement (Form UJS-395). Copies of both the Order and the Notice must be mailed to the state attorney. You must also complete the Affidavit of Mailing (Form UJS-395) and file it, along with the Notice of Entry, with the clerk of court to complete the expungement process.

How To Search Federal Court Records in South Dakota

There is only one federal court in South Dakota: the United States District Court for the District of South Dakota. The court handles matters about the violations of federal laws and bankruptcy matters.

The public may obtain the records of this court via the Public Access to Court Electronic Records (PACER) system. To use PACER, follow these steps:

  • Register for a PACER Account: Visit thePACER website to create an account.
  • Search for Cases: For cases specific to South Dakota, search the District of South Dakota PACER page.
  • Access Case Information: Once logged in, you can view docket sheets, case summaries, and filed documents. Note that it costs $0.10 per page to view a document on PACER, but is pegged at a maximum charge of $3 per document.
  • To access records of the federal court in South Dakota offline, you may visit the location of the federal court where the case was filed. The federal court in South Dakota has locations in the following addresses:
    • Sioux Falls: 400 S Phillips Ave, Sioux Falls, SD 57104
    • Rapid City: 515 Ninth Street, Rapid City, SD 57701
    • Pierre: 225 South Pierre Street, Pierre, SD 57501
    • Aberdeen: 102 Fourth Avenue S.E., Room 408, Aberdeen, SD 57401

At these locations, you may request to view case files and documents, use public access terminals to search for case information, and obtain copies of documents for a fee.

How To Get South Dakota Court Records Online for Free?

The South Dakota eCourt portal offers summary information for free. However, accessing document images via the portal attracts a fee. Basic court case information is also accessible via reliable third-party databases such as PeopleRecords.us.

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