Clearing a criminal record in South Dakota
In South Dakota it is called expungement (of arrest records): expungement means sealing: records are closed but not destroyed. South Dakota also clears some records automatically.
Checked against official sources: October 25, 2026. · Free letter and checklist ↓
Can my record be cleared in South Dakota?
Expungement (of arrest records); sealing after suspended imposition of sentence — In South Dakota, expungement means sealing: records are closed but not destroyed, and the Division of Criminal Investigation keeps a nonpublic copy for police, prosecutors and courts. It is mainly for arrests and charges that did not end in a conviction.
South Dakota has 3 ways to clear a record. Each covers different records and has its own waiting period.
Expungement of arrest record
Arrests with no charge filed, cases the prosecutor formally dismissed, and acquittals.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest, no charge filed | 1 year You can apply one year after the arrest if no charge was filed. | Date of arrest |
Entire case dismissed by prosecutor | 1 year You can apply one year after the dismissal, or sooner if you show compelling necessity. | Date of dismissal |
Acquittal | No waiting period You can apply any time after you are found not guilty. | Acquittal |
- Not eligible
- Convictions cannot be expunged under this law.
Law: SDCL 23A-3-26 to 23A-3-33
Source: Official text
Expungement after diversion
Arrests where you were placed in a diversion program and completed it.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Diversion program completed | See the rule If you complete diversion and have 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. | Successful completion of diversion |
Law: SDCL 23A-3-35 to 23A-3-37
Source: Official text
Sealing after suspended imposition of sentence (SIS)
A guilty plea or verdict where the judge suspended imposition of sentence and placed you on probation (felony SIS for first-time felony offenders; misdemeanor SIS).
| Kind of case | Waiting period | Counted from |
|---|---|---|
SIS completed | No waiting period When you complete probation, the court discharges you without a conviction and orders the records sealed. | Discharge and dismissal |
- Not eligible
- Felony SIS is not available for offenses punishable by death or life imprisonment, if you were ever convicted of a felony, if you already had a felony SIS (in any state), or for rape under SDCL 22-22-1(2) or (3) (since 2025; this bar does not apply to juveniles). Misdemeanor SIS is not available if you already had a misdemeanor SIS.
- Limits
- Discharge and dismissal under SIS is available only once for a felony SIS and once for a misdemeanor SIS.
Law: SDCL 23A-27-12.2, 23A-27-13, 23A-27-13.3, 23A-27-14, 23A-27-16, 23A-27-17
Source: Official text
When can I file? Waiting periods in South Dakota
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
How to file in South Dakota
Expungement of arrest record
File a motion in the court that would have handled the case. Serve the prosecutor at least 14 days before any hearing; the prosecutor may object. You must show by clear and convincing evidence that expungement serves justice and the public interest.
- Cost
- A fee equal to the civil filing fee, paid to the clerk of courts. The UJS court-cost schedule lists $72 for an expungement ($25 filing fee, $40 surcharge, $7 library fee).
- If you can't pay
- The court may waive the fee if you show you are indigent.
Law: SDCL 23A-3-28
Expungement after diversion
No motion needed: the state's attorney files a dismissal and notice of completion, and the court grants expungement.
Sealing after suspended imposition of sentence (SIS)
Your court services officer, or you, tells the court you finished all conditions; the court discharges you and orders the records sealed.
Court self-help
Free help in South Dakota
National help
Free letter and checklist
Letter: ask for a copy of your own record
A request to the state records office (South Dakota Division of Criminal Investigation (DCI), Identification Section) with your name, date of birth and mailing address.
Checklist: what to gather before you file
Case numbers, court papers, proof you finished your sentence, forms and fees for South Dakota.
Clearing a record in South Dakota by topic
Expungement of arrest record in South Dakota
Which records each remedy covers, who is not eligible and what changes afterwards.
Waiting periods in South Dakota
How long you wait for each kind of case, and a date helper.
How to file in South Dakota
The steps, the cost, fee waivers, the forms and court self-help.
Automatic relief in South Dakota
- Law
- Automatic removal of minor cases from the public record
- What is cleared
- Cases where the most serious charge was a petty offense, municipal ordinance violation or Class 2 misdemeanor are removed from your public record after five years, if you met all court-ordered conditions and had no new conviction in that time. Courts can still see them, and they can count toward penalties for later offenses.
- Started
- 2016 (SL 2016, ch 134), amended 2021
- Check your record
- Official status page
Law: SDCL 23A-3-34
Juvenile records in South Dakota
The juvenile court may seal records on its own or on petition, starting one year after release from court jurisdiction or discharge by the Department of Corrections, if you had no new adjudication and no pending felony, sexual contact or moral-turpitude case.
Law: SDCL 26-7A-115
Pardons in South Dakota
- Who decides
- The Governor, after a hearing and recommendation by the Board of Pardons and Paroles when the Governor delegates it
- How
- Apply to the Board of Pardons and Paroles. A pardon granted under SDCL ch. 24-14 seals all records of the case and restores you to the status you had before arrest, but it still counts as a prior conviction for sentencing.
Law: SDCL 24-14-1, 24-14-11
After your record is cleared in South Dakota
After expungement, SIS sealing or a pardon, the law treats you as if the arrest had not happened, and you cannot be charged with perjury or false statement for not mentioning it in answer to any inquiry. A nonpublic record stays with DCI for police, prosecutors and courts.
Law: SDCL 23A-3-32, 23A-27-17, 24-14-11
Get your own record in South Dakota
South Dakota Division of Criminal Investigation (DCI), Identification Section · 605-773-3331
Submit a fingerprint card with a signed Authorization and Release Form to the DCI Identification Section; the processing fee is $30.
Letter: ask the state records office for a copy of your record
Good to know in South Dakota
- South Dakota has no general expungement for adult convictions; the main route is SIS sealing, which must be granted at sentencing.
- Expungement in South Dakota seals records but does not physically destroy them.
Law: SDCL 23A-3-26
Changes in 2024–2026
2025 (SL 2025, ch 102): the rape exclusion from felony SIS was moved into new SDCL 23A-27-13.3, which bars SIS for anyone convicted of or pleading guilty or no contest to rape under 22-22-1(2) or (3), and says the bar does not apply to juveniles (including juveniles tried as adults).
Questions about clearing a record in South Dakota
What is clearing a record called in South Dakota?
Expungement (of arrest records); sealing after suspended imposition of sentence. In South Dakota, expungement means sealing: records are closed but not destroyed, and the Division of Criminal Investigation keeps a nonpublic copy for police, prosecutors and courts. It is mainly for arrests and charges that did not end in a conviction.
Can convictions be cleared in South Dakota?
Expungement of arrest record: Arrests with no charge filed, cases the prosecutor formally dismissed, and acquittals. Expungement after diversion: Arrests where you were placed in a diversion program and completed it. Sealing after suspended imposition of sentence (SIS): A guilty plea or verdict where the judge suspended imposition of sentence and placed you on probation (felony SIS for first-time felony offenders; misdemeanor SIS).
How long do I have to wait in South Dakota?
Arrest, no charge filed: 1 year, counted from date of arrest; Entire case dismissed by prosecutor: 1 year, counted from date of dismissal; Acquittal: No waiting period, counted from acquittal; Diversion program completed: If you complete diversion and have 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, counted from successful completion of diversion.
Does South Dakota clear records automatically?
Cases where the most serious charge was a petty offense, municipal ordinance violation or Class 2 misdemeanor are removed from your public record after five years, if you met all court-ordered conditions and had no new conviction in that time. Courts can still see them, and they can count toward penalties for later offenses.
How much does it cost to clear a record in South Dakota?
Expungement of arrest record: A fee equal to the civil filing fee, paid to the clerk of courts. The UJS court-cost schedule lists $72 for an expungement ($25 filing fee, $40 surcharge, $7 library fee).
Can juvenile records be cleared in South Dakota?
The juvenile court may seal records on its own or on petition, starting one year after release from court jurisdiction or discharge by the Department of Corrections, if you had no new adjudication and no pending felony, sexual contact or moral-turpitude case.
What can I say after my record is cleared in South Dakota?
After expungement, SIS sealing or a pardon, the law treats you as if the arrest had not happened, and you cannot be charged with perjury or false statement for not mentioning it in answer to any inquiry. A nonpublic record stays with DCI for police, prosecutors and courts.
How do I get a copy of my criminal record in South Dakota?
Submit a fingerprint card with a signed Authorization and Release Form to the DCI Identification Section; the processing fee is $30.