South Dakota Arrest Expungement and Public Records

South Dakota’s word “expungement” generally means sealing records, not physically destroying them. The statute defines expungement as sealing records held by courts, detention or correctional facilities, law enforcement, criminal-justice agencies, and the Department of Public Safety. It says expungement does not imply physical destruction. That definition is the starting point for understanding what a court order can accomplish. See SDCL 23A-3-26 and the CCRC South Dakota profile.

Separate routes for arrests and convictions

The UJS self-help page describes the petition process under SDCL 23A-3-27 for arrest records. The statute lists four circumstances: one year after an arrest if no accusatory instrument was filed; one year after the prosecutor formally dismisses the entire case; any time after acquittal; or, in a narrow circumstance, within one year after a formal dismissal upon a showing of compelling necessity. A court motion can involve notice, a fee, and a hearing; use the current official form packet for the instructions in effect when filing.

This arrest-record motion is not a general petition to expunge any conviction. South Dakota has a separate provision, SDCL 23A-3-34, that automatically removes certain cases from a defendant’s public record after five years. The provision covers cases where a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense, if all court-ordered conditions were completed and there was no further conviction during those five years. The statute says the case record remains available to court personnel or as authorized by court order and may be used as an enhancement in a later prosecution.

A separate diversion provision, SDCL 23A-3-35, describes expungement eligibility after successful completion of a diversion program and a specified period without new charges, with exceptions. Diversion programs are not required to be offered in every case. Other relief may exist for particular dispositions or through a pardon, but this guide does not treat those routes as automatic relief for all convictions.

Using the official arrest-record packet

South Dakota UJS provides a Guide and File interview and a paper packet, including instructions, a case-filing statement, a motion, a notice/hearing form, a waiver, and an order. The court page says forms should be printed single-sided and completed in black ink. The packet’s instructions describe identifying the county where the case or arrest record is filed, obtaining the case number from the clerk if needed, and serving the prosecutor’s office. Follow the version currently published by UJS rather than copying an old sample.

1. Confirm the case result. Get the final disposition and identify whether no charging document was filed, the entire case was dismissed, there was an acquittal, or diversion was completed. Partial dismissals and cases with multiple charges need careful review.
2. Check the statutory basis. Read SDCL 23A-3-27 and the current UJS instructions. The eligibility facts and timing differ by disposition; the court’s summary is not a case-specific decision.
3. Find the filing court and case number. The official packet directs filers to the court connected to the record. If you do not know the number, the clerk can explain how to locate it.
4. Complete service and hearing steps. The packet includes service and hearing documents. Use the current packet to verify who receives the motion, what proof of service is needed, and whether anyone has waived a hearing.
5. Ask the clerk about the current charge. The downloadable packet states a filing fee, but fees can change. Confirm the amount and payment method with the court before filing. The UJS page lists a legal form helpline for questions about forms, not legal advice.

The five-year public-record-removal rule in SDCL 23A-3-34 is described as automatic when the statute’s conditions are met. If a case remains visible, contact the clerk or UJS to ask how the statute is applied to the record. Do not file the arrest-record motion packet just because a case appears in an online search; first determine which law covers that case.

Background checks and retained records

Sealing or public-record removal does not necessarily mean every government or private database is erased. SDCL 23A-3-26 expressly says records are sealed rather than physically destroyed. SDCL 23A-3-34 says certain records remain available to court personnel and may be used as an enhancement in later prosecutions. A private background-screening company may have older data. If a consumer report contains inaccurate information, that is a separate dispute process; an expungement order does not automatically update every private file.

Read each application question carefully. Whether a record must be disclosed can depend on the wording of the question, the type of job or license, and the law governing that decision. This guide does not tell any reader how to answer an application or whether a particular order creates an exception.

Legal help and court support

The UJS provides a public list of forms, a Guide and File tool, and a legal form helpline at 1-855-784-0004 for form questions. For legal advice, SD Law Help’s nonprofit partners provide free or low-cost help in civil matters subject to their eligibility and case limits. The available sources do not promise that every organization accepts criminal-record matters, so ask directly whether it can help with an expungement question. A lawyer can review a disposition, multiple cases, or uncertainty about whether the public-record-removal rule applies.

Common questions

Does South Dakota expunge every conviction after five years?

No. The five-year provision covers a limited group of cases where the highest charge was a petty offense, municipal ordinance violation, or Class 2 misdemeanor, and statutory conditions were met. The CCRC profile discusses this limited automatic-removal provision.

Can I request expungement after an acquittal?

SDCL 23A-3-27 lists acquittal as a basis for an arrest-record expungement motion. The current UJS forms explain the filing process.

Are sealed records destroyed?

No. The statute defines expungement as sealing and expressly says it does not mean physical destruction.