South Dakota's criminal history system runs through the Division of Criminal Investigation (DCI) under the Office of the Attorney General. The CCH (Computerized Criminal History) is 100% fingerprint-based and requires written consent and a fee to access -- there is no free public online name-based criminal history search through DCI itself. The free public tool is the South Dakota PARS (Public Access Record Search) system for court records. South Dakota's expungement law covers arrests without conviction, dismissed cases, acquittals, and misdemeanor convictions after 10 years; expungement in South Dakota seals records rather than destroying them. This guide covers the full system.
What Makes South Dakota Arrest Records Public
South Dakota's public records framework is governed by the Public Records Law at SDCL Chapter 1-27. Government records, including arrest records, are generally available to the public.
Arrest records specifically are addressed in SDCL 1-27-38, which provides that any person may make a written request to a law enforcement agency for a copy of an individual's public arrest record. The agency must release this information within 24 hours of a written request accompanied by a $10 fee.
The Division of Criminal Investigation (DCI) maintains the Computerized Criminal History (CCH) system under SDCL 23-5-1 and 23-5-4. The CCH is fingerprint-based and is used by the criminal justice community. Third parties seeking someone else's full criminal history from DCI must have a signed authorization and release form from the subject.
Exemptions from public access include personally identifying information (social security numbers), active investigation materials, sealed and expunged records, juvenile records, and records whose disclosure may threaten public safety.
What a South Dakota Arrest Record Contains
An arrest record is a booking document. It reflects the facts of an arrest at the time of booking and carries no presumption of guilt.
A South Dakota DCI criminal history record is 100% fingerprint-based and includes personal identifying information, arrest data for all fingerprinted arrests (arresting agency, date, charges), court dispositions and conviction information, sentencing information, and penitentiary entries.
Local law enforcement records at county sheriff offices and police departments include full booking information: name, DOB, date and time of arrest, location, arresting agency, charges, bail amount, court date, and other booking details. Many counties update these rosters every 15 minutes.
How to Search South Dakota Arrest Records
For individual arrest records directly from a law enforcement agency, submit a written request with a $10 fee to the arresting agency under SDCL 1-27-38. The agency must respond within 24 hours.
For a full fingerprint-based DCI criminal history check, you or the subject must complete the Authorization and Release form (available from DCI), get fingerprinted at a local police or sheriff's department, and mail the fingerprint card with a money order or check (fee approximately $24-$26.75 -- confirm current fee with DCI before submitting) to: Division of Criminal Investigation, Identification Section, 1302 East Highway 14, Suite 5, Pierre, SD 57501. Phone: 605-773-3331. Processing takes approximately 5 business days plus mail time.
The South Dakota PARS (Public Access Record Search) system provides free public online access to court records. PARS contains docket information on criminal cases, stalking protection orders, domestic protection orders, and foreign protection orders. Searches are by name, case type, and date of birth. This is the most accessible free tool for court case information.
County sheriff offices maintain booking records for recent arrests. South Dakota has 66 counties and each county sheriff manages the local jail. Most county sheriffs publish online booking rosters updated frequently. The South Dakota Sheriffs' Association website provides contact information for all county sheriffs.
For broader multi-source searches that aggregate public record data across South Dakota's 66 counties and other jurisdictions, TruthFinder is a practical option.
VINELink at vinelink.com connects to the South Dakota DOC system and many county facilities and provides free real-time custody status and notification registration.
County Jail Records in South Dakota
South Dakota has 66 counties and each county sheriff manages the local jail. County jails hold people recently arrested, those awaiting trial, and individuals serving shorter sentences. Most county sheriffs publish online booking rosters updated every 15 minutes.
When someone is convicted and sentenced to state prison, they enter the South Dakota Department of Corrections system. The SDDOC provides a free online inmate search accessible through its website at doc.sd.gov. You can search by name to locate current state inmates and get facility and sentence information.
Federal Arrests in South Dakota
Federal arrests in South Dakota are made by agencies including the FBI, the DEA, U.S. Marshals, the ATF, and Homeland Security Investigations. After federal sentencing, individuals enter the Bureau of Prisons rather than the South Dakota DOC.
The BOP Inmate Locator at bop.gov/inmateloc is the official free tool for locating anyone serving a federal sentence. Search by name or BOP register number. Federal court records are available through the PACER system at pacer.gov.
Federal arrests and convictions are not part of the DCI criminal history system.
Arrest Records Versus Conviction Records
An arrest record documents that law enforcement took someone into custody. A conviction record documents a court's finding of guilt. South Dakota's CCH system contains both arrest and conviction data for fingerprinted cases. PARS provides court case records including non-conviction outcomes like dismissals and acquittals.
Dismissed charges, acquittals, and unresolved arrests remain in records until the person pursues expungement under SDCL 23A-3-26 through 23A-3-37.
South Dakota Expungement Under SDCL 23A-3-26 Through 23A-3-37
South Dakota's expungement process results in the sealing of records, not their physical destruction. Under SDCL 23A-3-26, expungement in South Dakota means the sealing of all records held by a law enforcement agency, court, detention or correctional facility, criminal justice agency, or Department of Public Safety relating to a person's detection, arrest, detention, trial, or case disposition.
After expungement, sealed records are retained for use only by prosecuting attorneys, law enforcement agencies, and courts for subsequent offense processing. The records are not available to the general public.
Eligibility for expungement under SDCL 23A-3-27:
Uncharged arrests: One year must have passed since the arrest date and no accusatory instrument has been filed.
Dismissed charges: One year must have passed since the prosecuting attorney dismissed the case.
Acquittals: No time limit -- a person found not guilty may petition at any time.
For conviction sealing: Under SDCL 23A-27-17, a court may seal the criminal records of certain convictions after completion of probation. For misdemeanor convictions, expungement is available after 10 years from the final disposition, provided all eligibility requirements are met under SDCL 23-6-8.1.
The petition is filed as a Motion to Expunge with the Clerk of Court that had, or would have had, jurisdiction over the criminal case under SDCL 23A-3-27. The presiding judge considers factors including the nature of the offense and the reasons for filing. If the judge grants the motion, the court sends a nonpublic record of the disposition to DCI, and DCI seals the records.
For felony records: Felony convictions in South Dakota may be cleared through three pathways: petition-based expungement where applicable, sealing after probation completion under SDCL 23A-27-17, or a pardon from the Governor through the Board of Pardons and Paroles. A gubernatorial pardon results in sealing of all official records related to the pardoned offense under SDCL 24-14-11.
InmateAid's guides on expungement cover South Dakota's framework in more detail. Mugshot removal from third-party sites after expungement is addressed in InmateAid's resources on that topic.
Frequently asked questions
Are South Dakota arrest records public?
Yes, under the Public Records Law (SDCL Chapter 1-27). Under SDCL 1-27-38, anyone may request a copy of an individual's public arrest record in writing from the arresting agency, which must respond within 24 hours for a $10 fee. The DCI maintains the CCH for full criminal history but requires a signed authorization and release from the subject for third-party requests. Sealed, expunged, and juvenile records are not publicly accessible.
How do I search South Dakota arrest records?
For individual arrest records from local agencies, submit a written request with a $10 fee under SDCL 1-27-38. For a full DCI fingerprint-based criminal history check, mail the completed Authorization and Release form with fingerprints and the applicable fee to DCI Identification Section, 1302 East Highway 14, Suite 5, Pierre, SD 57501, phone 605-773-3331. For free court case records, use the SD PARS system (available through the SD UJS website). For recent arrests, check the relevant county sheriff's website. For multi-source results, TruthFinder aggregates public record data. For custody notifications, VINELink at vinelink.com is free. For SD DOC state inmates, search at doc.sd.gov.
What does a South Dakota arrest record contain?
The DCI CCH is fingerprint-based and includes personal identifying information, arrest data (agency, date, charges), court dispositions, conviction and sentencing information, and penitentiary entries. Local law enforcement records include name, DOB, arrest date/time/location, charges, bail, court date, and booking details updated frequently.
Is an arrest the same as a conviction in South Dakota?
No. An arrest documents that someone was taken into custody. A conviction reflects a court's finding of guilt. The DCI CCH covers both arrests and convictions for fingerprinted cases. Dismissed charges, acquittals, and unresolved arrests remain in records until expunged under SDCL 23A-3-26 through 23A-3-37.
How do I find someone in a South Dakota county jail?
Check the county sheriff's website where the arrest occurred. Most of South Dakota's 66 counties update online booking rosters every 15 minutes. The South Dakota Sheriffs' Association website provides contact information for all county sheriffs. VINELink at vinelink.com connects to many SD facilities and provides free notification registration. For someone in state prison, use the SD DOC inmate search at doc.sd.gov.
Can I search federal arrest records in South Dakota?
Federal court records are available through PACER at pacer.gov. For someone serving a federal sentence, the BOP Inmate Locator at bop.gov/inmateloc is the free official tool. Federal arrests and convictions are not part of the DCI CCH system.
How long does an arrest stay on record in South Dakota?
South Dakota arrest records remain in DCI and court records indefinitely unless expunged. Uncharged arrests and dismissed cases require a 1-year waiting period before filing for expungement. Acquittals can be expunged at any time. Misdemeanor convictions are eligible after 10 years. Felony records may be addressed through expungement where applicable, probation completion sealing, or a gubernatorial pardon.
Who qualifies for expungement in South Dakota?
Under SDCL 23A-3-27: uncharged arrests after 1 year; dismissed charges after 1 year; acquittals at any time. Under SDCL 23-6-8.1: misdemeanor convictions after 10 years from final disposition. Under SDCL 23A-27-17: certain convictions may be sealed after completion of probation. Felony records may also qualify for a gubernatorial pardon through the Board of Pardons and Paroles, which results in sealing of all official records under SDCL 24-14-11. Petitions are filed with the Clerk of Court with jurisdiction over the case.
Does South Dakota expungement destroy the records?
No. Under SDCL 23A-3-26, South Dakota expungement means the sealing of records -- not their physical destruction. Sealed records are retained by law enforcement and the courts but are not available to the general public. They remain accessible to prosecuting attorneys, law enforcement agencies, and courts for subsequent offense processing.
Why does my record show an arrest but no conviction?
Dismissed charges and unresolved arrests remain in DCI records and PARS court records until expunged. Under SDCL 23A-3-27, if at least 1 year has passed since the arrest or since the prosecutor dismissed the case, a Motion to Expunge can be filed with the court that had jurisdiction. Acquittals can be expunged at any time with no waiting period. ---
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