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 caseWaiting periodCounted 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 caseWaiting periodCounted 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 caseWaiting periodCounted 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.

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Enter the date the waiting period runs from. Use the date on your court papers.

Pick your kind of case and enter the date

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

Checklist: what to gather before you file

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.

Official pardon page

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.

Where can I get free help in South Dakota?

Dakota Plains Legal Services and State Bar of South Dakota.