How to File for Expungement in South Dakota

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.

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.

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.

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.