Getting a Job After Prison in South Dakota

There is one question that determines whether you get hired. Not the application. Not the background check. Not what the charge was or how long you were inside.

The question is this: why you, over the thirty other people I could hire who don't have a criminal record?

If you walk in without a ready answer, you will not get the job. The interviewer can see the pause the moment you don't have something prepared, and once they see it, the room shifts against you. What you need is an answer practiced enough to say with confidence and humility at the same time.

The answer that works is this:

Everybody deserves a second chance. Somebody is going to give me one. And they are going to get the best employee they ever had, because I am never, ever going to do something that sends me back to prison.

Say it clean. Say it without flinching. It makes no excuses, asks for no sympathy, and tells the employer the one thing they actually need to know: you have more reason to perform than anyone else in that stack.

Then live it. The light is on you from the first day. Use it. Work twice as hard as the person next to you. Show up earlier, stay later, and make that scrutiny your shining light, not a shadow. The person standing next to you does not have anyone watching them that closely. You do. That is the advantage if you decide to use it.

What the Law in South Dakota Says About Your Record

South Dakota has no statewide law restricting when employers can ask about criminal history. Neither public nor private employers are required by statute to delay criminal history inquiries. An executive order covers some state agency hiring positions, limiting initial application questions and providing that disqualification should only occur when the offense has a reasonable relationship to the job -- but this order has no formal enforcement mechanism and does not apply to private employers.

Private employers across South Dakota can ask about criminal history on the initial application with no state timing restriction.

Federal FCRA protections apply statewide to all employers using consumer reporting agencies. Non-conviction records older than seven years cannot appear on background check reports for most positions. EEOC guidance advises all employers to assess criminal records in relation to the specific job and circumstances rather than applying blanket exclusions.

South Dakota does not have a comprehensive expungement statute. Limited record relief is available for certain offense types through petition, and pardoned convictions cannot be considered by licensing agencies. The options are more restricted than in most states.

Building the Answer Before You Need It

In South Dakota, your answer in the interview is the only thing standing between you and the job. The law provides no application-stage protection. So you have to walk in ready.

The South Dakota Department of Corrections launched the SAFER SD program -- Supportive Approach for Fostering Education and Reentry -- in 2024. SDDOC Secretary Kellie Wasko put it plainly: "95% of offenders will return to the community following their incarceration, and it's not only important but the right thing to do that we return them better than how we received them." SAFER SD includes vocational credentialing partnerships with technical colleges, beginning with a welding certificate program through Southeast Technical College for minimum-custody men in Sioux Falls, with CTE program expansion being explored for the Women's Prison in Pierre.

Dakota Core (formerly Pheasantland Industries, rebranded November 2024) is SDDOC's offender work program division, expanding its vocational and employment training programs. Governor's House construction is offered at Mike Durfee State Prison in Springfield. Dakota Core trains workers in manufacturing, construction, and other trades during incarceration.

Reentry Task Forces are active in both Sioux Falls and Rapid City, coordinating local organizations, community leaders, and services for individuals returning from incarceration.

Research is clear on what matters: South Dakotans released from prison who stay employed for one year are 35% less likely to be arrested again compared to those who don't have a job. That statistic is the best argument you can make to any employer who is on the fence. They are not just doing the right thing by hiring you. They are making a choice that contributes to community safety.

Start with what you did inside. A welding certificate from Southeast Technical College through SAFER SD, any Dakota Core trade training, a GED earned inside, or any work assignment is content, not a gap. Then connect it to what this employer specifically needs.

South Dakota's economy runs on agriculture, manufacturing (Sioux Falls has one of the fastest-growing economies in the country), healthcare, finance, tourism, and the military presence at Ellsworth AFB. Sioux Falls and Rapid City are the dominant labor markets, with growing demand in manufacturing, meat processing, healthcare, and construction. Whatever you are applying for, make the answer specific to what that employer needs.

Practice it out loud. Until the hesitation is completely gone. The pause is what loses the room. Eliminate it before you sit down.

Companies in South Dakota That Hire People with Criminal Records

South Dakota's economy, anchored by Sioux Falls and Rapid City with significant activity in Aberdeen, Watertown, and Brookings, creates consistent demand across sectors.

Amazon, Walmart, Home Depot, and major food service operators have South Dakota operations and national fair chance commitments. Sanford Health and Avera Health, the two dominant healthcare systems in South Dakota, hire in support and entry-level roles. Tyson Foods, Smithfield Foods, and other meat processing operations around Sioux Falls and Mitchell hire large production workforces. Manufacturing employers across Sioux Falls and the eastern corridor face persistent labor shortages. Construction contractors statewide face consistent demand. Military support contractors at Ellsworth AFB near Rapid City hire in logistics, maintenance, and support.

Reentry Task Forces in Sioux Falls and Rapid City can connect returning citizens with employer networks.

SD Job Service offices statewide provide employer connections and WOTC documentation.

Staffing agencies across Sioux Falls and Rapid City are the most accessible first step, placing workers in manufacturing, meat processing, healthcare support, and logistics with more flexibility than direct hire.

For the full national list of companies with public fair chance commitments, see the InmateAid Fair Chance Employer Reference List.

The Tax Credit Employers Get for Hiring You

Here is the closing argument for every conversation with an employer on the fence.

There is a federal program called the Work Opportunity Tax Credit, or WOTC. When an employer hires someone from a qualifying group, including individuals recently released from prison, the employer may receive a significant federal tax credit per qualifying hire. That is not charity. It is a business incentive the federal government created specifically to make hiring returning citizens financially advantageous.

You are not asking anyone to take a risk on you. You are telling them your hire comes with a tax benefit attached that none of the other thirty applicants can offer. Say it at the end of the interview, after you have made your case: I qualify for the Work Opportunity Tax Credit. Hiring me may put money back in your business. And I will give you the best work you have ever gotten from a new hire, because I have too much to lose to give you anything less.

SD Department of Labor and Regulation Job Service offices coordinate WOTC certification and Federal Bonding access for employers statewide.

Where to Get Help in South Dakota

SD Job Service offices, operated through the South Dakota Department of Labor and Regulation, provide job search assistance, career counseling, training referrals, WOTC coordination, and Federal Bonding access statewide. Find your nearest office at dlr.sd.gov.

South Dakota Department of Corrections (SDDOC) SAFER SD program provides vocational training partnerships, pre-release education, and workforce preparation. Dakota Core manages in-facility work programs and vocational training. Contact through doc.sd.gov.

Reentry Task Forces in Sioux Falls and Rapid City coordinate community-based reentry services, employer connections, and transitional support.

St. Francis House in Sioux Falls provides transitional support and housing for returning citizens.

SD Department of Labor and Regulation coordinates the Federal Bonding Program for employers hiring returning citizens.

SD Legal Aid (dakotaplainslegal.org or dial 2-1-1) may provide guidance on record relief options for eligible low-income South Dakotans.