Expungement of arrest record in South Dakota: which records can be cleared
Which records South Dakota lets you clear, who is not eligible and what changes after the court says yes.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Expungement of arrest record
- What it covers
- Arrests with no charge filed, cases the prosecutor formally dismissed, and acquittals.
- Ways to clear a record
- 3
- Automatic relief
- Yes
What each remedy covers 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
Clean Slate 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
What you can say afterwards
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
Juvenile records
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
In nearby states
- Nebraska: Set aside (convictions); sealing (non-conviction records, pardoned convictions)
- North Dakota: Sealing (petition to seal a criminal record); closing nonconviction records
- Minnesota: Expungement (sealing)
- Iowa: Expungement
Your next steps in South Dakota
Start with your record
Your record lists each case; you need it to see which remedy fits. South Dakota Unified Judicial System - Criminal Law Help.
Count the waiting period
Waiting periods differ by case and remedy. Waiting periods.
Start the case
You file the request in the court that handled the case. How to file.
Ask for free help
Legal aid can help for free: Dakota Plains Legal Services and State Bar of South Dakota.
Free help in South Dakota
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 I clear a conviction 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).
Is there a Clean Slate law in South Dakota?
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.
What happens to 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.
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.