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 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

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.

Official pardon page

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

  1. 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.

  2. Count the waiting period

    Waiting periods differ by case and remedy. Waiting periods.

  3. Start the case

    You file the request in the court that handled the case. How to file.

  4. 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.

Related South Dakota pages