South Dakota Public Records

How the South Dakota Open Records Law Actually Works

South Dakota's public records law is codified at SDCL § 1-27-1 (South Dakota Open Records Law). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: reasonable time; statute does not specify days. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: actual cost; no labor charges allowed. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in South Dakota (the honest answer)

Many directory sites promise things South Dakota law specifically restricts. Here's what's actually true:

• Rap sheet access: Subject only. Third-party "instant background check" sites that promise a full South Dakota criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under South Dakota's expungement law (SDCL § 23A-3-26 et seq.) are removed from public criminal history reports.
• Juvenile records are generally confidential under South Dakota law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the South Dakota Open Records Law.
• Booking photos (mugshots) have increasingly restricted commercial use across South Dakota and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in South Dakota

South Dakota's record-clearing law is found at SDCL § 23A-3-26 et seq..

Eligibility: non-convictions after 1 year; misdemeanors after 5 years; many felonies after 10 years.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your South Dakota record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own South Dakota Criminal Record

If you need your own South Dakota criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the South Dakota Division of Criminal Investigation (DCI).

Walkthrough:

1. Choose your method: DCI fingerprint-based check $43.25.
2. Complete the required form (most states use a standard request form available from the South Dakota Division of Criminal Investigation website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: 2-3 weeks.
5. Review the response. If you find errors, the law at SDCL § 23-5-10 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable South Dakota Record Laws You Should Know

• SB 11 (2022): Expanded expungement for marijuana possession.
• SDCL § 23-5-10: the statute governing the maintenance, dissemination, and inspection of state criminal history records in South Dakota.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some South Dakota background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.