What are South Dakota Criminal Court Records?

South Dakota criminal court records are compiled reports and documents of criminal case proceedings created and/or maintained by South Dakota state courts. They include dockets, court transcripts, photos, multimedia recordings, and forensic evidence. In South Dakota, court clerks are the custodians of court records.

South Dakota Department of Public Safety
118 West Capitol Avenue
Pierre, SD 57501-2000
Phone: (605) 773-3178
Email: dpsinfo@state.sd.us

What are Criminal Court Records?

The contents of criminal court records vary from case to case, depending on the nature of the crime and its progression and outcomes. In South Dakota, a typical criminal court record may include the following documents:

• Arrest warrant
• Affidavits
• Filed complaints and court summons
• Notice of the legal rights of the offender
• Orders for the supervised restriction of the defendant
• Final court sentence
• Evaluation report of the offender’s competency to stand trial
• Receipts for payment of court processes and services.
• Inmate records or incarceration information (if relevant to the case)

How to obtain South Dakota Criminal Court records

South Dakota criminal court records, unless confidential or sealed, are accessible to the members of the public. All requests are processed upon submitting a request form, either online or at the local courthouse where the case was tried.

South Dakota Circuit Court Clerks also accept email requests for court records. Members of the public may submit their requests to the email addresses of the courts where the cases of interest were heard. Alternatively, they may also submit requests by regular mail. To submit a mail request, send a completed request form along with a self-addressed stamped envelope to the court clerk’s office. It is also possible to request criminal court records in person in South Dakota. To do so, visit the clerk’s office at the courthouse address.

Note: South Dakota Circuit Court Clerk’s Offices generally charge nominal fees for copies of court records. Use the court directory provided to find the clerk's office's contact address and telephone number for the court where the criminal case was heard. Call ahead to enquire about the availability of the court records of interest, search and copy fees, and the office’s business hours.

Certain portions of the criminal records may be unavailable to the general public except for the parties involved. Such redacted/confidential records include social security numbers, arrest warrants, and the names of minors/victims of the violence. These details are usually redacted from criminal court records to protect the identities of the persons involved.

Additionally, publicly available records may be accessible from some third-party websites. Operating independently without ties to any state government body, such platforms offer the benefit of not being limited by geographical record availability and may often serve as a starting point when researching a specific or multiple records. To find a record using the search engines on these sites, interested parties typically must provide:

• The name of someone involved, provided it is not a juvenile
• The assumed location of the record in question, such as a city, county, or state name

Third-party sites are not government-sponsored websites. As such, record availability and accuracy may not be guaranteed.

How to Find South Dakota Criminal Court Records Online

Criminal court records in South Dakota are available on the Public Access Record Search (PARS) portal. The public may access criminal court dockets for a fee using this online resource, payable with a credit card. Access could be gained either by creating a user account (in which case the address of the user typically must match the details of the credit card) or by a guest account. Accessing this portal with a registered user account produces more detailed results.

Note that South Dakota does not put criminal court records for cases heard prior to 1989 online. These records are not digitized and are only accessible in person. To access such documents, visit the Office of the Clerk at the courthouse where the case was tried.

Are all South Dakota Criminal Court Records Public?

No. While most criminal court records are publicly available in South Dakota, certain records are exempted. Such confidential records may be made inaccessible by a state statute or court order to protect the interests of the persons involved. Records commonly sealed in criminal case files include:

• Mental health reports,
• Addiction records
• Health records
• Identities of minors

In South Dakota, the records of criminal cases involving juveniles are usually sealed.

Can I Access Sealed Criminal Court Records?

Sealed criminal court records are not accessible to the public unless by the parties involved and their legal representatives. Such persons may only access the records at the courthouse and with a valid means of identification. A member of the public not party to a case may only access its sealed records by submitting a valid court order granting access to the confidential records.

Are Criminal Records included in Criminal Court Records in South Dakota?

No. Criminal records provide an individual’s criminal history, while a criminal court record details the prosecution and outcome of a crime in a court of law. The Identification Department of the Division of Criminal Investigation (DCI), an arm of the South Dakota Office of the Attorney General, maintains and provides criminal records for the state. It offers both state and federal fingerprint-based background checks for South Dakota residents. While citizens may request state-only criminal histories from the DCI, requests for state and federal criminal records(containing information regarding federal crimes) are only accepted from employers, municipalities, and approved agencies.

To request a South Dakota criminal record, call the Identification Department of the DCI at (605) 773–3331 to obtain a fingerprint kit. This is provided free and includes a fingerprint card. Complete the fingerprint card with the details of the subject of the criminal history check as well as the authorization and release form on the back of the card. Ensure the completed card includes a full set of the subject’s rolled fingerprints.

Visit a South Dakota police department or Sheriff’s office to print the subject’s fingerprints on the card. Send this along with a check or money order for $26.75 to the DCI address on the card. Criminal records typically include information such as criminal offenses/charges, unexecuted or active South Dakota warrants, South Dakota arrest records, convictions, sentences, and related details.

Understanding the South Dakota Criminal Court Structure

South Dakota courts are categorized by their judicial authority over felonies, misdemeanors, and infractions. Trial courts, which include circuit and magistrate courts, handle criminal cases in South Dakota. Appeals of criminal cases go to the South Dakota Supreme Court. The Supreme Court is the highest state court and is responsible for supervising the conduct of lower courts, establishing court rules, administering disciplinary actions, and hearing appeals from lower courts.

The South Dakota Circuit Courts are the state’s trial courts of general jurisdiction and handle most criminal proceedings. South Dakota’s 66 counties are divided into seven judicial circuits administered by seven Presiding Judges and 36 Circuit Court Judges. The Circuit Courts exercise exclusive jurisdiction over felony cases and appeal cases from Magistrate Courts.

In South Dakota, Magistrate Courts handle minor criminal cases such as misdemeanors. Each is headed by a magistrate judge or a clerk magistrate. This often determines the jurisdiction of the court. Clerk magistrates are specially trained non-attorneys whom the presiding circuit judge appoints. A magistrate judge may hear cases involving preliminary hearings for criminal prosecutions and misdemeanors.

On the other hand, clerk magistrates may only deal with the following aspects of criminal cases:

• Receive court depositions
• Issue arrest and search warrants
• Conduct certain preliminary hearings of the case and set bail
• Appoint counsel and receive pleas for class 2 misdemeanors (cases with sentences of up to 3 months in jail and /or fine of $250)
• Conduct trials for petty offenses

There are fifteen full-time judges and one part-time magistrate judge who preside over the seven judicial circuits of South Dakota's 66 counties.

South Dakota Crime Statistics

In 2024, law enforcement agencies across South Dakota recorded 47,071 Group A offenses, a 2.54% increase from the figure reported in 2023. This information comes from the Division of Criminal Investigation’s UCR Repository System.

Age Demographics

Per the report, about 10.15% of arrested individuals in 2024 were juveniles. Below is a breakdown of the demographics of detained offenders.

South Dakota Crime Trends by Category

Crimes Against Persons

Crimes Against Property

Crimes Against Society

Notably, the number of reports received for crimes like murder, kidnapping, and animal cruelty increased significantly in 2024. However, there was a decline in motor vehicle theft and sexual assault across the state.