South Dakota Expungement & Record Relief Laws

⚖️ Does South Dakota allow expungement?

Yes, but in a limited way.

South Dakota allows:

Expungement of certain arrests and minor offenses
Sealing in some situations
Pardons through the Governor

But many convictions, especially serious felonies, cannot be fully erased.

🧾 Main South Dakota Expungement Laws

The primary laws are found in:

South Dakota Codified Laws (SDCL) Chapter 23A-3
Related sealing and pardon statutes

✅ Cases That May Qualify for Expungement

1. Arrests without conviction

A person may seek expungement if:

charges were dismissed
they were acquitted
no indictment was filed

2. Petty offenses and minor misdemeanors

Some low-level offenses may qualify after:

completion of sentence
payment of fines/restitution
waiting periods
no new criminal activity

3. Juvenile records

Many juvenile matters can be sealed or expunged after adulthood and successful rehabilitation.

❌ What Usually Cannot Be Expunged

Generally difficult or unavailable for:

violent felonies
serious sex offenses
major drug trafficking offenses
repeat offender cases

⏳ Waiting Periods

Waiting periods vary depending on:

offense level
outcome of case
criminal history

Common timelines are:

immediately after dismissal/acquittal for non-convictions
several years after completion of sentence for eligible convictions

🏛️ How the Expungement Process Works

Step 1: File a petition

The request is usually filed in the court where the case occurred.

Step 2: Notify prosecutors

The state’s attorney may object.

Step 3: Court review

The judge considers:

seriousness of offense
rehabilitation
criminal history
public interest

Step 4: Hearing (sometimes)

Some cases require a court hearing.

Step 5: Court decision

If granted:

records may be sealed or removed from public access
some agencies may still retain limited access

🔒 Effect of Expungement

If expunged:

the case is generally hidden from public background checks
employers and landlords may not see it

But:

law enforcement and certain government agencies may still access sealed records in some circumstances

👨‍⚖️ Pardons in South Dakota

Pardons are granted by the Governor of South Dakota after recommendation from the South Dakota Board of Pardons and Paroles.

A pardon:

forgives the offense
may restore rights