South Dakota Criminal Records

South Dakota criminal records are official documentation of a person's criminal history information. These records detail the person's interactions with criminal justice agencies in the state, including arrests, indictments, formal filing of criminal charges, court dispositions, sentencing information, and incarceration details. According to recent crime data, South Dakota has a violent crime rate of approximately 3.77 incidents per 1,000 residents and an overall crime rate of about 21.14 incidents per 1,000 residents.

The South Dakota Division of Criminal Investigation (a part of the state's Attorney General's Office) serves as the central repository for criminal records in the state and provides authorized parties with access to official criminal history information upon request. In addition, several other criminal justice agencies in the state, including local law enforcement agencies (police departments and county sheriff's offices), the South Dakota Highway Patrol, Circuit Courts, and the South Dakota Department of Corrections, also maintain copies of criminal records related to their specific activities and jurisdictions.

Are Criminal Records Public in South Dakota?

Criminal records in South Dakota are generally considered public records and may typically be accessed by interested parties in line with state law, primarily Chapters 1-27 and Chapter 23-5 of the South Dakota Codified Laws. However, per these laws, there are certain exceptions and limitations with regard to the public accessibility to criminal records. For instance, juvenile records are deemed confidential, and access is strictly limited to authorized parties. Similarly, while criminal records maintained by local law enforcement and the Circuit Courts can generally be accessed by anyone, criminal history information maintained by the Division of Criminal Investigation is restricted to specific requesters, including the subject of the record.

Other criminal record information that is generally restricted from public access includes records of active or ongoing law enforcement investigations, details that may compromise the safety of victims and/or witnesses. Information that could identify victims of sexual assault or child abuse is also typically redacted from criminal records before public release.

How To Look Up Criminal Records in South Dakota?

Official South Dakota criminal records are maintained by the state's Division of Criminal Investigation (DCI) and may be accessed through the division's Identification Section in the form of a fingerprint-based background check. However, it should be noted that the DCI only processed background check requests from criminal justice agencies and certain non-criminal justice agencies, including the person named on the record and specific state-authorized agencies for employment or licensing/certification purposes.

Eligible parties may obtain copies of a criminal record by completing a Background Check Request Form online (note that the creation of a user account may be required to access the platform) and electronically submitting fingerprints to the DCI at an authorized fingerprinting location. Background checks may also be requested by submitting a properly completed fingerprint card, a signed Authorization and Release Form, and applicable fees to the DCI at

The DCI charges a $26.75 fee (per request) for state-only background checks and $43.25 (per request) for state and federal checks. Be aware that separate fingerprinting fees may apply. You may contact the DCI at (605) 773-3331 for inquiries and additional information.

How To Search South Dakota Arrest Records?

In South Dakota, an arrest record is created when an individual is taken into custody by a law enforcement agency, such as a city police department, county sheriff's office, or the South Dakota Highway Patrol. These records generally contain information like:

• The full name, date of birth, and physical description of the individual (the arrestee)
• The date, time, and location of the arrest
• The name of the law enforcement officer(s) that made the arrest and their associated agency
• A description of the offense(s) or alleged crime(s) that led to the arrest
• Booking information, including mugshots, fingerprints, and details about bail or bond (if applicable)

South Dakota arrest records are primarily maintained by the specific law enforcement agency that made the arrest and may be accessed by contacting the relevant agency directly, submitting an official request to their records unit, and paying any applicable fees. Be aware that specific fees and procedures may vary by agency.

How To Search South Dakota Warrants?

Warrants in South Dakota are legal documents issued by judges or magistrates that authorize law enforcement officials to carry out specific actions, such as making an arrest, conducting a search, or seizing property. Common types of warrants issued in the state include:

• Criminal Arrest Warrants: These authorize law enforcement to detain and arrest an individual suspected of committing a crime. There are three main types of arrest warrants issued in South Dakota:
• Bench Warrants: These are issued when an individual fails to appear in court for their scheduled hearing, violates pre-trial release conditions, or fails to comply with court orders.
• Complaint Warrants: These are issued as part of a criminal complaint when the prosecuting agency (either a county or city attorney's office) officially charges a case.
• Probation/Parole Violation Warrants: These are issued for individuals who are already under supervision (either on probation or parole) and have violated the conditions set by the relevant correctional institution.
• Search Warrants: authorize law enforcement to search a specific location for evidence related to a criminal investigation and seize designated personal property from this location.

Once a criminal arrest warrant is issued in South Dakota, it generally remains active until it is executed (the person is apprehended) or recalled/quashed by the issuing court. On the other hand, search warrants are issued with a specified validity period, which cannot exceed 10 days.

South Dakota does not have a single, comprehensive, publicly accessible statewide online database for all active warrants. As such, individuals who wish to obtain warrant information will typically have to contact the law enforcement agency of jurisdiction or the clerk of courts' office in the county where the warrant was believed to have been issued. Some county sheriff's offices also offer online platforms that may be used to access information on warrants issued in their respective localities. However, it should be noted that access to certain warrant information may be restricted from public release to protect the integrity of ongoing investigations or ensure officer safety.

Can I Obtain a South Dakota Criminal History Record of Another Person?

Third-party access to official, certified criminal history records via the South Dakota Division of Criminal Investigation (DCI) is generally restricted and may only be accessed by specific statutorily authorized entities with the consent of the person named on the record.

However, you may be able to access certain criminal record information on another person through the South Dakota Unified Judicial System's Public Access Record Search (PARS) portal. This online system allows for name-based searches for public criminal court information, including felony and misdemeanor convictions, and protection orders. Note that you will be required to provide the person's last name and date of birth to initiate the search. There is a $20 fee per search, and results are typically generated instantly.

Search requests for criminal court data from January 1989 to present may also be made by completing and submitting a Statewide Record Search Request Form to the South Dakota Unified Judicial System, either via email or mail-in to:

For more information, contact the South Dakota Unified Judicial System at (605) 773-3474.

How To Expunge or Seal South Dakota Criminal Records

South Dakota law provides mechanisms for the expungement of criminal records, thereby removing them from public access. It should be noted that, while expunged records are generally treated as if they never existed for most purposes, they are not deleted/destroyed; as such, certain government agencies, including law enforcement and specific regulatory bodies, may still retain access to the expunged information.

The eligibility for expungement in South Dakota is typically limited to records of arrests that did not result in a conviction, either due to no formal charges being filed, filed charges being dismissed, or an acquittal in court. However, certain low-level convictions (specifically petty offenses, ordinance violations, and Class 2 misdemeanors) may be expunged under certain conditions, which include completing the imposed sentence plus a five-year waiting period and remaining crime-free during the waiting period. These types of expungements are automatic, meaning that they do not require any action on the part of the record's subject. On the other hand, the expungement of non-conviction records must be initiated by the individual. This typically involves the following steps:

• Confirm eligibility for expungement. The process is typically limited to non-conviction records, and you will typically need to have completed a one-year waiting period (this is not required if you were acquitted of all charges).
• Gather necessary documentation. Depending on the specifics of the case, this may include either a copy of your arrest record, the filings dismissing the case, or the Judgment of Acquittal.
• File a Motion. You must file a Motion for Expungement, along with necessary supporting documentation, with the clerk of court in the county where the original case was handled. Necessary forms may be obtained from the clerk's office or accessed online via the South Dakota Unified Judicial System's Form & File Search webpage.
• Notify relevant parties. You will typically need to notify the State's Attorney and/or the local office that was assigned the criminal case.
• Attend a scheduled hearing. Note that this may be waived if the petitioner, prosecuting attorney, and victim (if applicable) all consent to it.
• Receive the court's decision. The court will issue an order either granting or denying the motion. Note that you will also have to file this order with the clerk of the court.

It is advisable to consult with a South Dakota attorney experienced in criminal record expungement to help you navigate the process effectively.

What Are the Limitations To the Use of Criminal Records for Employment, Licensing, and Housing in South Dakota?

Employers, licensing boards, and housing providers in South Dakota are required to adhere to certain laws and policies that influence the use of criminal record information in the state. These include the Fair Chance Act, which prohibits federal agencies and contractors operating in South Dakota from inquiring about an applicant's criminal history until after they have extended a conditional job offer. State and private employers do not have this legal restriction; however, the South Dakota Department of Labor & Regulation, Human Rights Division has issued a Pre-Employment Inquiry Guide that warns employers against using criminal record questions in a way that could be considered discriminatory.

Likewise, Title 36 of the South Dakota Codified Laws limits licensing/certifying boards from denying applicants solely based on a criminal conviction, and requires them to consider whether the conviction is "substantially related" to the specific occupation or profession being sought. Federal guidelines provided by the Department of Housing and Urban Development (HUD) and the Equal Employment Opportunity Commission (EEOC) similarly discourage blanket exclusions based on criminal history and recommend individualized assessments of housing and employment applicants, respectively.

Lastly, the Fair Credit Reporting Act (FCRA) regulates how background check companies collect and share criminal record information. Per this act, employers who wish to utilize these services must obtain written consent before conducting background checks, ensure accuracy in reporting, and grant individuals the right to review and dispute errors in their reports. If a criminal record leads to a job denial, the employer must also provide a copy of the report and allow the applicant to challenge inaccuracies.

Can I Access South Dakota Criminal Records for Free Online?

Many private websites advertise free access to South Dakota criminal records, but the accuracy and reliability of information provided by these websites is often uncertain, and the information provided by these sources is usually incomplete, outdated, or incorrect. While comprehensive, official criminal history records maintained by the DCI are usually restricted to authorized parties, you may still access comprehensive, accurate South Dakota criminal record information online through resources provided by the state's Unified Judicial System. Alternatively, you may also utilize the services of a premier, reputable third-party platform, like SouthDakotaPublicRecords.us, that aggregates data from official databases and other verified sources.