If you or someone you love has a conviction in South Dakota and is looking for a pardon, this guide is written for you. South Dakota has one of the more efficient and accessible pardon processes in this series: between 60 and 70 people apply each year, the Board recommends more than half, the Governor customarily accepts the Board's recommendations, and the entire process typically takes less than six months from start to finish. A pardon granted through the statutory Board process automatically triggers sealing of all official records, which is one of the strongest outcomes available across the states in this series. I have been through the system myself, and most of the fear comes from not knowing how the process works. So let me walk you through it in plain language. None of this is legal advice, and every case is different, so treat this as a map and lean on a lawyer for the turns.
Two types of pardons: why the Board route matters
South Dakota law recognizes two legally distinct types of pardons, as established by the South Dakota Supreme Court in Doe v. Nelson, 680 N.W.2d 302, 313 (S.D. 2004). The first is a constitutional pardon under Article IV, Section 3 of the South Dakota Constitution, where the Governor acts independently and privately without any public process. The second is the statutory pardon, where the Governor pursues the public route recognized in South Dakota Codified Law and delegates by executive order the authority to make pardon recommendations to the Board of Pardons and Paroles under SDCL § 24-14-1 et seq.
This distinction matters significantly because only statutory pardons granted through the Board process result in sealing of the conviction record under § 24-14-11. A constitutional pardon granted privately by the Governor, without going through the Board, does not seal the record; the conviction would remain visible even with a pardon in hand. Since 2004, governors of South Dakota have granted pardons only through the Board route, so in practice all modern pardons go through the Board. But applicants should understand that it is the Board route, not the constitutional route, that carries the record-sealing benefit, which is one of the strongest outcomes available across the states in this series.
Who decides: the Board and the Governor
The Board of Pardons and Paroles is a nine-member board. Unlike most states in this series where board members are all appointed by the Governor, South Dakota's Board members are appointed jointly by the Governor, the Chief Justice of the South Dakota Supreme Court, and the Attorney General. The Board receives administrative support from the Department of Corrections but is independent in its decision-making.
The Governor will not consider a pardon application unless it is first reviewed by and receives a favorable recommendation from the Board. Once the Board recommends, the application is forwarded to the Governor for final action. The Governor customarily accepts the Board's recommendations; this customary acceptance has made the Board recommendation the functional key to receiving a pardon in South Dakota. The Governor retains independent authority to grant or deny, but in practice the Board recommendation is the critical step. If the Governor denies after a Board recommendation, the applicant may reapply after one year has passed.
Eligibility
Applicants may apply at any time following one year from the date of conviction. There is no fee to apply, though some costs will be incurred in gathering documents and completing any required assessments. The Board generally looks more favorably on applications when more time has passed since sentencing or discharge from probation or parole; a longer track record of positive conduct since the conviction strengthens the case. A pardon can only be granted for an offense for which there is a conviction; dismissed charges and not-guilty findings do not have convictions to pardon, and those situations should be addressed by contacting the court about other available options.
All fines, costs, and restitution ordered by the court must be paid before the application will be fully processed; receipts verifying payment must accompany the application. Any outstanding financial obligations from the conviction should be resolved as early in the process as possible.
Family members, friends, or an attorney may assist in completing the application and gathering documents, and they may testify at the hearing in support, but the decision to apply for clemency must be made by the applicant personally.
Federal convictions cannot be pardoned by the South Dakota Governor; only the President of the United States can pardon federal convictions. A South Dakota pardon applies only to South Dakota state court convictions.
The exceptional pardon: a faster path for some applicants
For eligible applicants, an exceptional pardon under SDCL § 24-14-8 offers a streamlined process with one significant procedural advantage: it does not require publication of notice in a newspaper. The standard pardon process requires newspaper notice using Form SDPA-2; the exceptional pardon skips that step.
An applicant qualifies for an exceptional pardon if they meet one of the following criteria: they served time in prison, were convicted of only one felony that was not punishable by life imprisonment, and it has been more than five years since release from a Department of Corrections facility; or the offense is a Class II misdemeanor or petty offense that is more than five years old with no other offenses within the last five years excluding traffic offenses; or the offense is a nonviolent Class I misdemeanor more than ten years old with no other offenses within the last five years excluding traffic offenses.
Applicants with any felony conviction that includes violence, applicants with a violent misdemeanor, or applicants who are specifically requesting restoration of firearms rights are not eligible for the expedited exceptional pardon process and must go through the standard pardon process instead. If unsure about eligibility, call (605) 367-5040 before submitting.
The application process step by step
Step one: choose the right application. The standard application covers all types of clemency except commutation. Exceptional pardon applicants use the dedicated exceptional pardon application. Applications can be completed online at docpardon.sd.gov or submitted on paper. Before submitting, call (605) 367-5040 to confirm the application is complete.
Step two: notify the State's Attorney. For standard pardons, the applicant must complete and send Form SDPA-3, Notice to State's Attorney, to the appropriate office. This notifies the prosecuting authority of the pending application.
Step three: newspaper publication. For standard pardons, notice must be published in a newspaper per Form SDPA-2. This step does not apply for exceptional pardons.
Step four: attach payment proof. Receipts verifying payment of all court-ordered costs, fines, and restitution must accompany the application. Confirm with the court that all financial obligations are settled.
Step five: hearing before the full Board. Hearings take place in Sioux Falls at the South Dakota State Penitentiary (1600 N North Drive, Sioux Falls, SD 57104). The applicant, State's Attorney, sentencing judge, and sheriff are all notified of the date and time. The Board may ask the applicant to describe the offense, explain what life has been like since the conviction, describe why the pardon is being requested, and explain how a pardon would benefit not only the applicant personally or professionally but society as a whole. Family members, employers, community supporters, and others may appear to testify in support. The Board hears from all interested parties who wish to speak in support or opposition, reviews all relevant submitted information, and then votes whether to recommend or not recommend to the Governor.
Step six: Board decision and Governor review. The applicant receives written notice of the Board's decision within 10 working days after the hearing. If the Board recommends, the application goes to the Governor for final action. The Governor then reviews and decides; the Governor's acceptance is the customary outcome when the Board has recommended, but the decision remains with the Governor.
Contact: South Dakota Board of Pardons and Paroles, 1501 S. Highline Avenue, Suite 3A, Sioux Falls, SD 57110; telephone (605) 367-5040; doc.sd.gov/pardon.
What a pardon does in South Dakota
A pardon granted through the Board process under Chapter 24-14 carries substantial legal effects under § 24-14-11. The Governor orders all official records relating to the pardoned person's arrest, indictment, trial, finding of guilt, pardon application, and Board proceedings to be sealed. The Governor also files a public document with the Secretary of State certifying that the pardon was granted in compliance with the statute.
The pardon restores the person, in the contemplation of the law, to the status occupied before the arrest, indictment, or information. After an additional five years, the pardon record itself is also sealed. The pardoned person may deny having been arrested, charged, or convicted of the offense without committing perjury, even when asked in a courtroom as a witness or defendant.
There is one important exception: despite all of the other disabilities being removed, the pardoned offense can still be considered a prior conviction for purposes of the habitual offender statutes under chapter 22-7 and for DUI purposes under chapter 32-23. This means that if a person is convicted of a new DUI or a subsequent offense triggering the habitual offender law, the pardoned prior conviction can be counted. This is a narrow but real and permanent limitation that survives the pardon.
For firearms, a pardon does not automatically restore gun rights; the pardon document must specifically state that firearms rights are restored under § 24-14-12. Applicants who need firearms rights restoration should request it explicitly in the application and understand that it requires going through the standard pardon process rather than the exceptional pardon track. For crimes of violence, firearms rights are automatically restored 15 years after completion of sentence under § 22-14-15, without needing a pardon; for certain drug offenses under § 22-42, the automatic restoration is 5 years after completion. A pardon can provide earlier restoration if the document specifies it.
Voting rights are suspended while serving a felony sentence, including parole and probation supervision, under SDCL 12-4-18, and are restored automatically upon discharge from the sentence. A pardon is not required for voting rights to be restored; they return automatically at the end of the sentence.
A note on federal convictions
If the conviction is a federal conviction, the Governor of South Dakota cannot help. Federal clemency is granted by the President of the United States, and applications go through the Office of the Pardon Attorney within the United States Department of Justice.
Where this leaves you
South Dakota's pardon process is efficient, accessible, and carries one of the strongest outcomes in this series: automatic sealing of all related records upon grant, with the pardon record itself sealed after an additional five years. The Board recommends more than half of all applicants, the Governor customarily accepts those recommendations, and the process typically takes less than six months. Check whether the exceptional pardon track applies to the situation, because it skips the newspaper publication step and may streamline the process. Pay all fines, costs, and restitution and attach the receipts as proof of payment. Notify the State's Attorney using Form SDPA-3. Apply online at docpardon.sd.gov or submit a paper application by mail, and call (605) 367-5040 with questions before submitting to confirm completeness. If firearms rights restoration is specifically needed, request it explicitly in the application and use the standard pardon process rather than the exceptional pardon track.