Guide
South Dakota Expungement Research Resources
South Dakota courts expunge arrest records on motion under SDCL 23A-3-26 and following sections. The official South Dakota sources are listed below.
- SD Unified Judicial System, ExpungementSelf help page with Guide and File and printable forms
- SDCL Chapter 23A-3Arrest record expungement, sections 23A-3-26 and following
This directory is for informational and research use only. Expungement eligibility, waiting periods, filing fees, notice rules, and the effect on background checks can differ significantly depending on the state, offense level, case outcome, and later law changes.
Guide
Sealing a divorce or civil file in South Dakota
South Dakota closes the financial documents in a court file by rule and leaves the rest to a request. SDCL 15-15A-8(2) excludes from public access financial documents such as income tax returns, W-2s and schedules, wage stubs, credit card statements, financial institution statements, check registers and other financial information, and 15-15A-9 requires a party who files them to file them as confidential documents. A non-party who wants to see them moves under 15-15A-10 with an affidavit of good cause, and the court grants access only if the public or personal interest outweighs the privacy interests of the parties or their dependent children. The Case Filing Statement is closed under 15-15A-7, as is discovery material not admitted into evidence.
For any other information in a court record, SDCL 15-15A-13 applies. Any party, the individual about whom the information is present, or the court on its own motion may request that public access be prohibited, with notice to all parties. The court must decide whether there are sufficient grounds to prohibit access according to applicable constitutional, statutory and common law, and if it does prohibit access it must use the least restrictive means; under 15-15A-6 it may instead limit access to the court facility, cutting off remote access while leaving the record open at the courthouse. The rule is at sdlegislature.gov.
Guide
Research Notes
- Start with the court and the originating agency. Expungement or sealing requests are often handled through the court that heard the case, sometimes with supporting records from police, prosecutors, or corrections agencies.
- Terminology differs by state. Some jurisdictions use terms such as sealing, set-aside, vacatur, dismissal relief, or nondisclosure instead of expungement.
- Verify current law. Eligibility rules can change through legislation or court decisions, so always confirm the current process before relying on older instructions or third-party summaries.
- Understand downstream effects. Even after record relief, treatment of court, police, private-background check, and federal records may differ depending on the system involved.
By state