How long you wait to clear a record in South Dakota
How long you wait in South Dakota for each kind of case, and what the waiting period is counted from.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in South Dakota law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Expungement of arrest record
- Waiting periods
- 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
When can I file 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.
Waiting periods: 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
Waiting periods: 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
Waiting periods: 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
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.
2016 (SL 2016, ch 134), amended 2021
Law: SDCL 23A-3-34
In nearby states
- Nebraska: Probation, fine only or community service: No waiting period, counted from completing probation (or early discharge), paying the fine and finishing community service
- North Dakota: All charges dismissed or acquitted (order on or after August 1, 2025): No waiting period, counted from the order of dismissal or acquittal
- Minnesota: Case resolved in your favor (dismissed or acquitted): No waiting period, counted from the resolution
Steps after the wait in South Dakota
Get your court papers
The dates on your papers decide when the wait ends.
Read the full rule
Some offenses are never eligible, and a new case can restart or stop the clock.
File when you are ready
Once enough time has passed, see how to file. 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 waiting periods in South Dakota
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).
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 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.