How to file to clear a record in South Dakota
The steps, cost, fee waiver and forms to clear a record in South Dakota.
Checked against official sources: October 25, 2026.
Short answer
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.
- Main remedy
- Expungement of arrest record
- 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).
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
Exclusions in South Dakota
- Expungement of arrest record: Convictions cannot be expunged under this law.
- Sealing after suspended imposition of sentence (SIS): 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.
Law: SDCL 23A-3-26 to 23A-3-33; SDCL 23A-27-12.2, 23A-27-13, 23A-27-13.3, 23A-27-14, 23A-27-16, 23A-27-17
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
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
In nearby states
- North Dakota: No filing fee may be charged.
- Minnesota: $310 civil filing fee.
- Iowa: You must attach an Iowa DCI criminal history record check, which costs $15.
Your next steps in South Dakota
Collect what you need
Collect your case numbers, final court papers and proof of payment. Checklist: what to gather before you file.
Fill out the forms
The court's self-help pages explain each form: South Dakota Unified Judicial System - Criminal Law Help.
File and serve
File the petition with the clerk and follow the court's rules for notice to the prosecutor.
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 filing in South Dakota
When can I ask to clear my record 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.
Is there a fee 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).
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.