Question 1

Can you get a criminal record expunged in South Dakota?

Accepted Answer

In South Dakota, "expungement" means sealing all records about a person's arrest and case. The records are not physically destroyed. Expungement by motion covers arrests that did not lead to conviction. Records are also sealed when a person completes a suspended imposition of sentence (a sentence with no judgment of guilt entered) or a diversion program. Low-level cases are automatically removed from the public record after five years. A governor's pardon, granted through the Board of Pardons and Paroles process, seals conviction records.

Question 2

Can you clear an arrest or dismissed charge in South Dakota?

Accepted Answer

A person may ask the court to expunge an arrest record: (1) one year after the arrest, if no charge was filed; (2) one year after the prosecutor formally dismisses the entire case; (3) at any time after an acquittal; or (4) within that first year after dismissal, if the person shows compelling necessity. The court may grant expungement if the person shows by clear and convincing evidence that it serves justice and the best interests of the public and the person. There is no deadline to apply. If a person completes a diversion program and has no new charges (other than petty offenses or minor traffic tickets) for one year and 30 days, the prosecutor files a dismissal and the court grants expungement without a motion.

Question 3

Can a misdemeanor be expunged in South Dakota?

Accepted Answer

South Dakota does not have a general petition to expunge misdemeanor convictions. Cases where the highest charge was a Class 2 misdemeanor, a petty offense, or a municipal ordinance violation are automatically removed from the public record after five years. This applies if all court conditions are met and there are no new convictions in that time. Courts can still see the record, and it can be used to enhance penalties for later offenses.

Question 4

Can a felony be expunged in South Dakota?

Accepted Answer

South Dakota has no petition to expunge a felony conviction. A person never before convicted of a felony may receive a suspended imposition of sentence for most felonies (not those punishable by death or life imprisonment). When the person completes probation, the court discharges them without a judgment of guilt and orders the records sealed. This can happen only once. Otherwise, a felony conviction record is sealed only through a pardon granted under the Board of Pardons and Paroles process.

Question 5

Does South Dakota have automatic record clearing (clean slate)?

Accepted Answer

Yes, in some cases. Any charge or conviction in a case where the highest charge was a petty offense, a municipal ordinance violation, or a Class 2 misdemeanor is automatically removed from the public record after five years, if all court-ordered conditions are met and there are no new convictions. When a person completes a diversion program and the prosecutor files a dismissal and notice of completion, the court grants expungement without a motion.

Question 6

How do you seal a juvenile record in South Dakota?

Accepted Answer

In a delinquency case, the court may seal its records on its own motion or on a petition by the child or a parent. The petition can be filed one year after the child's unconditional release from court jurisdiction or discharge by the Department of Corrections, whichever is later. After a hearing with notice to the state's attorney, the court may seal the records if the child has had no new delinquency adjudication, no serious proceeding is pending, and the child has been rehabilitated. Afterward, only the child, the state's attorney, or court services officers can petition to inspect the sealed records, and courts may use them for later proceedings and sentencing.

Question 7

How do you file for expungement in South Dakota?

Accepted Answer

File a motion for expungement with the court that would have jurisdiction over the crime. Serve a copy on the prosecutor at least 14 days before any hearing. The prosecutor may object in writing and at the hearing. The court may hold a hearing unless the person, the prosecutor and the victim all waive it. The court may also require affidavits or other evidence.

Question 8

How much does expungement cost in South Dakota?

Accepted Answer

A person filing a motion for expungement pays the clerk of courts a fee equal to the filing fee for a civil action. The court may waive the fee if the person shows they are indigent and unable to pay. A pardon application has no fee, though gathering documents involves some costs.

Question 9

What happens after a record is expunged or sealed in South Dakota?

Accepted Answer

An expungement order restores the person, in the eyes of the law, to the status they had before the arrest or charge. The person cannot be charged with perjury or false statement for not mentioning the arrest, charge, or trial when asked. The court sends a nonpublic record to the Division of Criminal Investigation. Law enforcement, prosecutors and courts may use it only for sentencing on later offenses. All other official records are sealed.

Question 10

How do you get a pardon in South Dakota?

Accepted Answer

Only the Governor can grant a pardon. As a matter of policy, the Governor considers only applications the Board of Pardons and Paroles has reviewed and approved. A person may apply one year after conviction. If denied, they may reapply after one year. There is no application fee, and applications can be filed online or on paper. A pardon granted through the Board process releases the person from all disabilities of the conviction and leads the Governor to order the related records sealed. It restores the person to their pre-arrest legal status. The pardoned offense still counts as a prior conviction for sentencing, habitual-offender, and DUI-enhancement purposes. State law allows sealing only for pardons that go through the Chapter 24-14 Board process.

Question 11

How do I check my own criminal record in South Dakota?

Accepted Answer

The South Dakota Attorney General's Division of Criminal Investigation (DCI) provides a personal, state-only criminal history check for $30 (no refunds). To request online, create an account, complete the Background Check Request Form, pay by card or bank account, print the receipt, and take it to a Livescan fingerprint machine in South Dakota within 10 days (other fingerprinting fees may apply). You can instead mail fingerprint cards with a check or money order. For a federal check on yourself, contact the FBI directly.

What relief the state offers	In South Dakota, "expungement" means sealing all records about a person's arrest and case. The records are not physically destroyed. Expungement by motion covers arrests that did not lead to conviction. Records are also sealed when a person completes a suspended imposition of sentence (a sentence with no judgment of guilt entered) or a diversion program. Low-level cases are automatically removed from the public record after five years. A governor's pardon, granted through the Board of Pardons and Paroles process, seals conviction records. Source: SDCL 23A-3-26, 23A-3-27, 23A-3-34, 23A-3-35, 23A-27-17, 24-14-11
Arrests and dismissed charges	A person may ask the court to expunge an arrest record: (1) one year after the arrest, if no charge was filed; (2) one year after the prosecutor formally dismisses the entire case; (3) at any time after an acquittal; or (4) within that first year after dismissal, if the person shows compelling necessity. The court may grant expungement if the person shows by clear and convincing evidence that it serves justice and the best interests of the public and the person. There is no deadline to apply. If a person completes a diversion program and has no new charges (other than petty offenses or minor traffic tickets) for one year and 30 days, the prosecutor files a dismissal and the court grants expungement without a motion. Source: SDCL 23A-3-27, 23A-3-30, 23A-3-33, 23A-3-35 to 23A-3-37
Misdemeanor convictions	South Dakota does not have a general petition to expunge misdemeanor convictions. Cases where the highest charge was a Class 2 misdemeanor, a petty offense, or a municipal ordinance violation are automatically removed from the public record after five years. This applies if all court conditions are met and there are no new convictions in that time. Courts can still see the record, and it can be used to enhance penalties for later offenses. Records of a suspended imposition of sentence are sealed when the person is discharged (SDCL 23A-27-17). A pardon can seal other convictions. Source: SDCL 23A-3-34
Felony convictions	South Dakota has no petition to expunge a felony conviction. A person never before convicted of a felony may receive a suspended imposition of sentence for most felonies (not those punishable by death or life imprisonment). When the person completes probation, the court discharges them without a judgment of guilt and orders the records sealed. This can happen only once. Otherwise, a felony conviction record is sealed only through a pardon granted under the Board of Pardons and Paroles process. Source: SDCL 23A-27-13, 23A-27-14, 23A-27-17, 24-14-11
Juvenile records	In a delinquency case, the court may seal its records on its own motion or on a petition by the child or a parent. The petition can be filed one year after the child's unconditional release from court jurisdiction or discharge by the Department of Corrections, whichever is later. After a hearing with notice to the state's attorney, the court may seal the records if the child has had no new delinquency adjudication, no serious proceeding is pending, and the child has been rehabilitated. Afterward, only the child, the state's attorney, or court services officers can petition to inspect the sealed records, and courts may use them for later proceedings and sentencing. Source: SDCL 26-7A-115, 26-7A-116

How to apply	File a motion for expungement with the court that would have jurisdiction over the crime. Serve a copy on the prosecutor at least 14 days before any hearing. The prosecutor may object in writing and at the hearing. The court may hold a hearing unless the person, the prosecutor and the victim all waive it. The court may also require affidavits or other evidence. The Board of Pardons and Paroles suggests talking to an attorney or contacting the court about expungement options. Source: SDCL 23A-3-27 to 23A-3-29
Filing fee	A person filing a motion for expungement pays the clerk of courts a fee equal to the filing fee for a civil action. The court may waive the fee if the person shows they are indigent and unable to pay. A pardon application has no fee, though gathering documents involves some costs. The current civil filing fee amount was not confirmed. Source: SDCL 23A-3-28; SD Board of Pardons and Paroles FAQ
Automatic (clean slate) relief	Yes, in some cases. Any charge or conviction in a case where the highest charge was a petty offense, a municipal ordinance violation, or a Class 2 misdemeanor is automatically removed from the public record after five years, if all court-ordered conditions are met and there are no new convictions. When a person completes a diversion program and the prosecutor files a dismissal and notice of completion, the court grants expungement without a motion. Source: SDCL 23A-3-34, 23A-3-37
Getting a copy of your criminal record	The South Dakota Attorney General's Division of Criminal Investigation (DCI) provides a personal, state-only criminal history check for $30 (no refunds). To request online, create an account, complete the Background Check Request Form, pay by card or bank account, print the receipt, and take it to a Livescan fingerprint machine in South Dakota within 10 days (other fingerprinting fees may apply). You can instead mail fingerprint cards with a check or money order. For a federal check on yourself, contact the FBI directly. Source: South Dakota Attorney General, Background Checks

South Dakota Expungement Laws: How to Clear or Seal a Criminal Record

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