South Dakota Criminal Records

How far does a criminal background check go in South Dakota?

In South Dakota, no law restricts how far background checks can go. Background check companies sometimes don't give more than seven years' worth of information, but it depends on where it is performed. Certain states are starting to adopt a law that prevents criminal record checks from over seven years.

How long do you have to wait to get your record expunged in South Dakota?

Qualifying for expungement in South Dakota depends on the severity of the crime. Petty misdemeanors take two years from the last day of their sentence to get expunged. Gross misdemeanors take four years starting after the sentence is completed. Felonies could take anywhere from 5-10 years to qualify for expungement after completion of the sentence.

Are criminal records public in South Dakota?

In the State of South Dakota, there are no laws against private citizens accessing any kind of criminal records. The fact is that there are no laws that allow it either. In the absence of any law regulating the accessing and distribution of such sensitive information, the Division of Criminal Investigation, under the South Dakota Office of the Attorney General, manages all information relative to criminal records, procuring them to other law enforcement agencies and private citizens. They also protect those records deemed as sealed from the public eye.

Can employers see your arrest record in South Dakota?

Employers may ask about any prior arrests or convictions in South Dakota. If they have been expunged or sealed, then they won't show up on the background check, and you can legally say you've never been convicted or arrested.

Are arrest records public in South Dakota?

Arrest records are public unless they have been erased. Anyone can access them through a background check via an online company or local government agency. This has been made controversial since it can cause employers and other people to negatively judge a person with an arrest record even if they haven't been proven guilty of a crime before.

Are juvenile criminal records sealed in South Dakota?

Besides people involved with a juvenile criminal record, such as parents, no one can view a juvenile criminal record. A juvenile crime is when an offense was committed before the age of 16. Additionally, all of the court proceedings are confidential except to people related to the case.

How do I find criminal records in South Dakota?

One way to find criminal records is through an online search from a website that provides them. The Division of Criminal Investigation is another place to go in order to perform criminal background checks. In order to access criminal records, the requester must acquire a state applicant fingerprint card from the Division of Criminal Investigation. This card is free, and it can be obtained by calling the Division's number (605) 773 3331. The card must be filled out, including at least the name, gender, date of birth, and social security number of the requester. Then, the applicant must go to any local law enforcement agency, such as a police station, to have their fingerprints printed on the card. Some law enforcement agencies will have a fee for the fingerprinting process, while other agencies will do it for free. It is also important to fill out properly the authorization and release form provided at the Division of Criminal Investigation's website. At this point, the fingerprint card, the authorization and release form, and a check covering the $24 fee must be sent to the Division of Criminal Investigation. The Division will then process the request, returning the pertinent record in the shortest time possible. If the subject of the request has no criminal record, a letter will be sent informing that there are no results in the criminal database. The search does not include juvenile offenses, minor traffic violations, or sealed records. Learn more about the South Dakota Division of Criminal Investigation at their website.

How much does an expungement cost in South Dakota?

The actual filing fee for expungement in South Dakota is $70. However, in almost every scenario, you will want to hire an attorney to help with the process. It can take up to a year to get a record expunged, and having an experienced attorney by your side will take the majority of the work of your hands. That being said, attorneys are not free and can cost up to thousands of dollars depending on the criminal record that is trying to be expunged.

How do I get my arrest record expunged in South Dakota?

Expunging an arrest that did not result in a conviction is much easier than expunging a crime. It takes 180 days since the arrest to qualify for expungement, and then you can file a petition to the court. After doing some more paperwork, the court will hear the case and decide on granting the expungement.

How do I find an inmate in South Dakota?

South Dakota has an inmate locator that will allow anyone to find local inmates. To use it, you will need to get the first name, last name, and the DOC # number of the inmate. Additionally, you could go to the local courts and find information there since the offender locator tool is derived from court records.

Are inmate records public in South Dakota?

Inmate records are made available to the public to keep persons involved informed. The information contained in an inmate record is things like the facility or detention center the inmate is being held at, the name, height, weight, race, or any relevant personal information, and the remaining sentence.

Is the sex offender registry public in South Dakota?

Since 2006, the State of South Dakota has laws that enable the presence of an online sex offender registry. That registry is maintained and managed by the Office of the Attorney General and the Division of Criminal Investigation. The website of the registry features a powerful search engine that allows the user to search by name, alias, address, neighborhood, or ZIP code. The search engine has a very interesting map search option, where the user can navigate a map of any county of South Dakota and locate the sex offenders in it. The results of the search are accurate and complete reports, with a picture and a criminal history of the subject. The sex offender registry can be accessed through the website of the Office of the Attorney General.

How can I get off the sex offender registry in South Dakota?

How long it takes to get off the sex offender registry in South Dakota depends on the tier level of your record. There are three different tiers, with Tier 3 being the most likely to re-offend and Tier 1 being the least likely. If you are a Tier 1 sex offender, then you can file for removal after ten years. If you are a Tier 2 sex offender, then it will take 25 years to be eligible. Tier 3 sex offenders must register for life.

What counts as a misdemeanor in South Dakota?

A crime would be considered a misdemeanor in South Dakota if the prison sentence was less than a year. There are two different classes, with Class 1 being the most severe and Class 2 having a maximum of only 30 days in prison and a smaller fine. Examples of misdemeanors include:

Reckless Driving

Driving Under the Influence

Public Indecency

Are there crimes less offensive than misdemeanors in South Dakota?

The lowest type of crime in South Dakota is a Class 2 misdemeanor. This means that things like speeding will go on your criminal record as a misdemeanor. Certain states have classified traffic violations as not a crime, which helps keep criminal records clear for people who don't necessarily break the law intentionally.

What is a felony in South Dakota?

A felony is a more severe crime in South Dakota that has much longer prison sentences. There are nine classes of felonies in South Dakota. The classes go from A-C and then 1-6, with Class A felonies being the worst and Class 6 felonies being the softest. Class A-C all involve a max sentence of life imprisonment; the only difference is that Class A felonies could also have the death sentence, Class B can't have anything less than life imprisonment, and Class C has only the maximum as life imprisonment. Classes 1-6 all have differing fines and sentences, with Class 6 having up to 2 years of imprisonment and a $4000 fine and Class 1 having up to 50 years and a $50,000 fine. Examples of felonies are:

Murder

Rape

Arson

What crimes can be expunged in South Dakota?

South Dakota has a first-time offender law for all crimes less severe than felonies A-C. It is called deferred adjudication, which allows someone to not have to go to prison but be put on probation and not have a crime go on their criminal record. Only Class 3 and below felonies can be expunged, but if it was a sexual offense or there was a victim that was a minor, then it cannot be expunged.

How do I find court records in Minnehaha County?

To find court records in Minnehaha County, you can use their website to get into contact with the court that will have the record you're looking for. Additionally, you could visit the local courts in person and talk to the clerk to find court records as well.