South Dakota Expungement & Record Sealing Guide

Who Qualifies for Expungement in South Dakota?

South Dakota has limited expungement options. The main path for most people is the "suspended imposition of sentence" (SIS), which is set at sentencing and allows the record to be cleared upon completion.

Suspended Imposition of Sentence (SIS)

• If the court ordered a suspended imposition of sentence (rather than a conviction) and you completed all conditions, you may petition to have the case dismissed
• Available for misdemeanors and some Class 5 and 6 felonies at the court's discretion

Arrest Records (No Conviction)

• If charges were dismissed or not filed — petition the circuit court to expunge the arrest record
• Eligible immediately after case close

Not Available

• Conviction expungement where SIS was not granted
• Class 1–4 felony convictions
• Sex offenses
• Crimes of violence

Step-by-Step: How to Clear Your Record in South Dakota

1. Complete SIS conditions — All probation, fines, and requirements must be satisfied.
2. File petition to dismiss — In the court of record.
3. Order issued — Upon approval, the case is dismissed and the state records updated.

Waiting Periods

• SIS completion: Upon completion of all conditions
• Dismissed / no conviction: Immediate

Costs

• Filing fee: ~$40
• Attorney fees: $500–$1,500

East River Legal Services and Dakota Plains Legal Services offer free help statewide.

What Record Clearing Does (and Doesn't) Do in South Dakota

After a successful expungement or sealing in South Dakota, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in South Dakota for advice specific to your situation.