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South Dakota
Adult Criminal Record Clearance Overview
Adult criminal records for cases in which you were convicted are eligible for removal, destruction, or sealing in some situations.
- If you are convicted of a petty offense, municipal ordinance violation, or Class 2 misdemeanor, the conviction record is removed from the public record 5 years later.
- If you were convicted of a misdemeanor, the record can be destroyed 10 years after the disposition. It is up to the director of the Bureau of Criminal Statistics whether or not to destroy the record.
- If you were convicted of an offense and later pardoned by the governor, the record should be sealed immediately.
- If you are 75 or older, your records can be destroyed, so long as you have not had any violations in the past 10 years. It is up to the director of the Bureau of Criminal Statistics whether or not to destroy the record.
- If you were arrested or charged for something that is decriminalized in South Dakota, the record can be destroyed. It is up to the director of the Bureau of Criminal Statistics whether or not to destroy the record.
- If your case is dismissed after you successfully complete pre-judgment probation, the record should be sealed immediately.
Likely not eligible for removal, destruction, sealing, or expungement.
Adult criminal records for arrests for which you were never convicted are eligible for expungement. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition.
- If you were acquitted, the record can be expunged immediately.
- If you were arrested but no charges were filed, or if the case was dismissed, the record can be expunged one year after the arrest or dismissal.
Adult Criminal Record Clearance Policies
Convictions
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Diversion/Deferral Program
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Non-Conviction Arrests
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Juvenile Record Clearance Overview
Below is a general overview of when juvenile records can be sealed in South Dakota. Please note that the Clean Slate Clearinghouse does not provide legal advice.
Read the legal policies and statutes for detailed statutory information.
Juvenile Record Clearance Policies Overview
- Most juvenile records can be sealed one year after your case, probation, or commitment ends. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request.
- Juvenile records for offenses that occurred while you were a victim of human trafficking may be vacated and expunged. You may submit a request to the court yourself or through a parent, guardian, or guardian ad litem, and it is up to the judge whether or not to grant your request.
You may not be eligible for expungement if you have certain adjudications on your record or have pending criminal or juvenile charges.
Find a Lawyer
If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.
Juvenile Record Clearance Policies
Court Records
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Court Records and Law Enforcement Records
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Find A Lawyer
Legal service providers located in the state.
Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.
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