South Dakota Arrest Records

Violating laws in South Dakota can lead to a person's arrest and detainment in police custody. A person arrested in South Dakota typically goes through a booking process, which leads to the creation of an official document called an arrest record. 

A South Dakota arrest record provides a detailed account of a person's arrest, including the circumstances, suspect's identity, charges, and arrest outcome. The record is typically maintained by the police department that made the arrest. However, the State Division of Criminal Investigation (DCI) and the criminal court where the case was prosecuted also retain some arrest files. 

Members of the public may review arrest records to stay informed about crimes affecting their communities. Judges also rely on these records when issuing verdicts, and legal practitioners may request access to their client's arrest records while preparing for a court proceeding. Moreover, reviewing a person's arrest record is necessary for employment and licensing. However, an arrest record does not mean guilt or a person's involvement in a crime.

The Crime in South Dakota reports published by the Attorney General's office put the total arrests made statewide in 2022 at 36,390, a 4.6% drop from the 38,160 arrests recorded in 2021. Adult arrestees constituted 88.83% (32,324) of the total arrests in 2022, while juvenile arrestees constituted 11.17% (4,064), a 5.83% increase from the 2021 juvenile arrest total. DUI arrests in 2022 were 5,391, a 4.63% decline from the 5,653 DUI arrests reported in 2021.

Are Arrest Records Public in South Dakota?

Yes, arrest records are public in South Dakota. Under South Dakota's Public Records Law, the general public can view or reproduce arrest records maintained by criminal justice agencies. The state charges each official custodian to disseminate these records to requesting parties within the provisions of the law. 

However, limitations affect the dissemination of confidential arrest records within the state, as stated in § 1-27-1. Per the law, only authorized officers or legal practitioners may have unrestricted access to these records. Upon pressing demand, individuals must receive authorized access to restricted arrest records from a court of competent jurisdiction. 

The following arrest records are exempt from public access in South Dakota: 

• Personally identifying information, including social security numbers
• Arrest records whose disclosure may threaten the life or safety of an accused person or crime victim
• Juvenile arrest records
• Sealed or expunged arrest records 
• Records whose disclosure may interfere with a criminal investigation

What is Included in South Dakota Arrest Records?

South Dakota arrest records contain the following details: 

• Personal details: Arrestee's full name, aliases, physical address, and place of birth
• Physical Descriptors: Complexion, gender, eye color, tattoos, scars, height, weight, and hair color.
• Arrest Information: Location, date, time, circumstances of arrest; type of crime (misdemeanor or felony); and charges
• Arresting Agency: Arresting office, arresting officer's name
• Booking details: Mugshot, fingerprints, booking date and time 
• Court details: Information about the court that will hold the suspect's arraignment
• Release details: Release conditions, release date and time, bail amount.

Find Public Arrest Records in South Dakota

Individuals may find public arrest records in South Dakota by following these steps:

Identify the record

Parties must determine the type of record they seek and where it may be held. For example, those searching for information about a person arrested recently may try the agency responsible for the arrest.

Identify the Records Custodian

Local arrest records are maintained by the law enforcement agency that made an arrest. Meanwhile, the South Dakota Division of Criminal Investigation is the statewide repository for arrest and criminal records. Per SDCL §§ 23-5-1 and 23-5-4, the agency maintains comprehensive data on arrested persons who passed through the court system. 

However, DCI arrest records are restricted to the public under SDCL § 23-5-11. The records can only be released to their subjects and for authorized uses under the law, including for use by criminal justice agencies for decisions regarding investigations, arrests, bail/bond, charges, plea bargains, sentences, probation, and placement in correctional facilities.

Follow the Relevant Request Procedure

Each arrest record custodian in South Dakota recommends a distinct procedure for acquiring records in their custody. Often, a person must submit a written request through official channels (online, in person, or by mail) and pay any associated fees.

Acquiring a Subpoena

Certain arrest records are unavailable for public perusal under the law. Where a party requires access because of an open court case, they may petition a court of appropriate jurisdiction (where the case is filed) for a subpoena. This court order instructs the custodian to release the record or information.

Per SDCL § 15-6-45(a), clerks of courts, magistrates, judges, notaries public, referees, and other public officers authorized by § 1-26-19.1 may issue subpoenas for the immediate retrieval of records. An agency that refuses to adhere to a court's subpoena may be held in contempt of the law.

How to Lookup Arrest Records Online in South Dakota

One may look up arrest records online in South Dakota through official and third-party sources. Official sources include police department and sheriff's office websites. On the other hand, individuals may utilize third-party databases to search South Dakota arrest records online, usually for a nominal fee. However, confirming the credibility of information obtained from a third-party website is crucial. 

How Long Do Arrests Stay on Your Record in South Dakota

Records of arrests in South Dakota usually remain on a person's record forever. However, it may be possible to expunge ("seal") certain arrest records under the circumstances outlined in SDCL § 23A-3-27. 

Expunge an Arrest Record in South Dakota

An expungement in South Dakota refers to the sealing of all records held by a law enforcement agency, court, detention/correctional facility, criminal justice agency, or Department of Public Safety relating to a person's detection, arrest, detention, trial, or case disposition within the criminal justice system (SDCL 23A-3-26). This procedure does not physically destroy such records.

Per SDCL 23A-3-27, individuals may petition a court to expunge their South Dakota arrest records when: 

• It has been over a year from the official arrest date, and no additional accusatory evidence was filed
• It has been a year from the date the prosecuting attorney dismissed the case on record
• The person is acquitted
• Within one year from when the prosecution dismissed the case on record upon showing compelling necessity

Individuals must adhere to the relevant waiting period and satisfy other legal requirements, such as serving sentences and paying fines.

Steps for an Expungement in South Dakota

• File the Petition: A motion for expungement should be completed and submitted to the clerk of the court where a case was decided. For instance, if the Circuit Court of Jackson County handled an individual's case, they must file their petition there. 

A civil case filing statement form must accompany the motion, and the petitioner must pay the relevant filing fees—which vary by county—unless qualifying for a waiver. Indigency must be demonstrated to obtain a waiver.

• Serve a Copy of the Petition on the Prosecutor: The petitioner must send the petition's copy to the prosecuting attorney who prosecuted the charge or had the authority to prosecute if no accusatory instrument was filed. Service must occur within 14 days before the expungement hearing. The attorney may contest this motion in writing and at the motion hearing. 
• Attend the Court Hearing: If the accused, prosecutor, and crime victim agree to the expungement, the court may waive the hearing scheduled for the motion. This means the petitioner's record will be outrightly expunged without argument. 

Otherwise, the court will proceed with the hearing at the time and place communicated to all involved parties. The court may instruct the accused person to file required affidavits and may also demand the admission of case evidence as it deems appropriate.

Generally, a court approves an expungement if the order's entry will serve justice. 

After issuing an expungement order, the court sends the nonpublic record to the Division of Criminal Investigation. Subsequently, the record can only be released for official use to law enforcement agencies, prosecuting attorneys, and courts, including for sentencing an arrested person in the event of subsequent charges.

How Do I Find Recent Arrests in South Dakota?

One may find recent arrests in South Dakota through the arresting agency in the jurisdiction of an arrest. Besides calling or visiting an agency, one may also check for an online arrest records database on an agency's website.

Are South Dakota Arrest Records Free?

Yes. Retrieving public arrest records through a sheriff's office or police department requires no fee. However, inquiries may pay a nominal processing fee to receive a copy of an arrest record. 

Likewise, one may find arrest records on third-party aggregate websites. These websites often provide a free limited search and charge a nominal fee for complete search results.