SOUTH DAKOTA
How to Clear Your Criminal Record
in South Dakota
A free, plain English guide to South Dakota expungement — non-conviction records, first-offender misdemeanor convictions, and what South Dakota law does and doesn't allow under SDCL § 23A-3-27.
What You Need to Know First
South Dakota has very limited expungement law. South Dakota does not have a broad expungement statute allowing most convictions to be cleared. Expungement is available primarily for non-conviction records (arrests not resulting in conviction, dismissed charges) and certain first-offender misdemeanor situations. Most felony convictions cannot be expunged. If you have a conviction beyond the narrow eligible categories, a gubernatorial pardon is the primary alternative.
Non-conviction records are the most accessible. If you were arrested but charges were never filed, your case was dismissed, or you were acquitted, South Dakota law provides a pathway to expunge those arrest records under SDCL § 23A-3-27. This is the most common and accessible form of expungement in South Dakota.
What Can Be Expunged
ELIGIBLE FOR EXPUNGEMENT (§ 23A-3-27)
- Arrest not charged — after 1 year from arrest with no refiled charges
- Dismissed charges — petition available after dismissal
- Acquittal — petition available after acquittal
- First-offender misdemeanor conviction — petition available with waiting period
- No pending charges at time of petition
- No new convictions since the dismissed/acquitted case
NOT ELIGIBLE
- General felony convictions
- Repeat misdemeanor convictions
- Sex offenses
- Violent offenses
- Any case with pending charges
- Cases where only some counts were dismissed (must check all counts)
How to File — Step by Step
1
Confirm Eligibility and Gather Documentation
Confirm whether your case was dismissed, resulted in acquittal, or was an arrest with no charges filed. Confirm at least 1 year has passed for uncharged arrests (with no refiled charges). Request your South Dakota criminal history from the South Dakota Division of Criminal Investigation at
dci.sd.gov.
2
File a Petition in Circuit Court
File your expungement petition in the South Dakota Circuit Court in the county where the arrest or charge occurred. Contact the clerk of court for forms and current local procedures. Serve notice on the prosecutor, who may object. The court may schedule a hearing. Forms and instructions are available at
ujs.sd.gov.
3
Court Order and DCI Notification
If the court grants expungement, the order directs relevant law enforcement agencies and the South Dakota DCI to expunge the records. Keep a copy of your expungement order to dispute any records that still appear on private background check databases.
Helpful Resources
FREE LEGAL HELP
East River Legal Services
Free civil legal help for low-income South Dakotans in eastern SD — including criminal record guidance
eastriverlegal.org →
FREE LEGAL HELP
Dakota Plains Legal Services
Free civil legal help for low-income South Dakotans in western and rural SD
dakotalaw.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free programs for housing, food, work, and more
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training for people with records
careeronestop.org →
COURT SELF-HELP
SD Unified Judicial System — Self-Help
Official South Dakota court forms, instructions, and self-help resources
ujs.sd.gov →
STATE BAR
State Bar of South Dakota — Lawyer Referral
Find a licensed South Dakota attorney for expungement assistance
statebarofsouthdakota.com →
Frequently Asked Questions
Can a felony conviction be expunged in South Dakota? +
Generally no — South Dakota does not have a broad expungement statute for felony convictions. SDCL § 23A-3-27 primarily covers non-convictions (arrests not resulting in conviction, dismissals, acquittals) and certain first-offender misdemeanor situations. If you have a felony conviction, the most viable pathway for record relief is applying for a governor's pardon through the South Dakota Board of Pardons and Paroles. A pardon does not erase the record but can restore civil rights and reduce barriers to employment and housing.
My charges were dismissed — how long do I have to wait? +
For dismissed charges, you can petition for expungement after the dismissal. For arrests where charges were never filed, South Dakota law requires at least 1 year to have passed since the arrest with no refiled charges and no new convictions. The exact timing may depend on the specific circumstances of your case. Contact the circuit court clerk in the county where the arrest occurred for the current procedure and any local requirements.
Do I need an attorney? +
For simple non-conviction expungements (uncharged arrests, dismissed charges), many people navigate the process without an attorney, especially with help from legal aid. For first-offender misdemeanor conviction expungements or any case where the prosecutor may object, working with a South Dakota attorney improves your outcome. East River Legal Services and Dakota Plains Legal Services provide free help for those who qualify.
After Your Record Is Expunged
After expungement in South Dakota, the record is removed from public access and the DCI updates its files. You can generally deny the arrest or charge on employment and housing applications. For general information about what changes after expungement — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your court clerk or a licensed attorney before filing.
