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Davison County Arrest Records
In Davison County, South Dakota, arrests are lawful only when carried out to prevent citizens from committing criminal offenses. Under state law, the Davison County Sheriff and other peace officers must have probable cause to believe that an individual is involved in a crime before making an arrest.
Individuals who are arrested are typically held for a short term at the Davison County Sheriff's Office jail pending their bail hearing. In cases where bail is denied, they may be transferred to facilities like the South Dakota State Penitentiary in Davison for long-term incarceration. While the Sheriff's Office maintains arrest logs, court-related records, including bail applications and convictions, are maintained separately in the Davison County Court Records.
Are Arrest Records Public in Davison County?
According to the public records and files section of the South Dakota Codified Laws, all records held by government agencies in the state are public. Section 1-27-1 imposes an obligation on government agencies, during normal business hours, to make available to the public for inspection and copying records held in their custody.
The public's right is subject to the following restrictions:
- Records forming part of an investigation
- Intelligence information
- Citizen complaint or inquiry
- Informant identification
- 911 calls— unless the agency or the court determines that the public interest in disclosure outweighs the interest in nondisclosure.
To access restricted records, interested individuals often need to get a court order. This may require them to file a motion in court supported by an affidavit showing that the interest in disclosure outweighs the interest in nondisclosure.
For more inquiries:
Davison County Sheriff’s Office
Public Safety Building, 1015 S. Miller Avenue,
Mitchell, SD 57301
Phone: (605) 995-8630
Fax: (605) 995-8643
Davison County Arrest Statistics
Data reported by the Davison County Sheriff's Office shows that between 2024 and 2025, arrest activity was mostly facilitated by traffic-related offenses and drug possession violations, while the most serious violent and property crimes recorded no arrests.
The most frequently reported offense category was Driving Under the Influence (DUI) with 119 arrests, making it by far the leading cause of arrest during this period per the FBI Crime Data Explorer. Among non-traffic offenses, Simple Assault accounted for 23 arrests, Marijuana Possession resulted in 12 arrests, while arrests for possession of other dangerous non-narcotic drugs totaled 5.
Weapons-related enforcement activity was limited, with five arrests reported for carrying or possessing weapons. Financial and public order offenses were minimal, with three arrests for fraud and two arrests for disorderly conduct. Only one arrest was recorded for liquor law violations. The Sheriff reported no arrests for a wide range of serious offenses, including Homicide and Manslaughter, Burglary and Larceny, motor vehicle theft, Arson, and Robbery.
Find Davison County Arrest Records
The State of South Dakota maintains an online database containing public information on felony offenders sentenced to the Department of Corrections. To look up an offender, follow these steps:
- Visit the Offender Locator website.
- Enter the search criteria in one or more of the following fields: the offender's DOC number, first name, or last name;
- Click “Submit” to initiate a database query.
Note: information on offenders sentenced to County jail, probation, or any other form of supervision is not included.
For more inquiries, contact the state Department of Corrections at:
South Dakota Department of
Corrections
3200 East Highway 34, c/o 500 East
Capitol Avenue, Pierre, SD 57501
Phone: (605) 773-3478
Fax: (605) 773-6810
Arrests often lead to criminal court cases. The Davison County Clerk of Courts maintains official court records, including:
- Charge information
- Arraignment
- Case outcomes
Contact the Davison County Clerk of Court at:
200 East 4th Avenue,
Mitchell, SD 57301-0927
Phone: (605) 995-8105
Electronic copies of these records can also be accessed online via the UJS eCourts portal.
Public information viewed on the Public Record System through the UJS eCourts portal reflects the docket entries in criminal cases, which often include arrest information and sometimes conviction and incarceration-related information. Fees apply. $20.00 for any search submitted (whether the search returns the record sought or not).
Davison County Arrest Records Vs. Criminal Records
Arrest records are created and maintained by law enforcement agencies. They are limited in scope and strictly configured for documenting arrest-related activities, including circumstances surrounding initial contact with the suspect, detention, the suspect's physical description, and the charge, if any.
Unlike arrest records, criminal records are much wider in scope, documenting the entire justice administration process from the period of arrest to the suspect's release. They are often a synthesised version of arrest, trial, and incarceration-related data. However, if the arrestee was neither charged nor tried for the offense, a criminal record can be aborted mid-way, thus, it consists only of an arrest record.
How Long Do Arrests Stay on Your Record?
Unless expunged, records relating to an arrest stay on an individual's criminal background history forever. Expungement is the process of legally removing an arrest or criminal record from an individual's criminal background history.
In Davison County, arrest records can be expunged one year after the case was dismissed or one year after arrest if the arrestee was never formally charged with the offense. S.D. Codified Laws § 23A-3-27.
However, while most arrests remain on records indefinitely, the South Dakota Codified Laws provides an exception. Per the law, an arrest record, where a class 2 misdemeanor or municipal law violation is the highest charge, will be automatically expunged after five (5) years, provided that all court-ordered conditions have been completed, and the holder does not receive another conviction within the five (5) years.
Note: In Davison County, expungement is synonymous with the sealing of a record, and does not imply physical destruction.
Davison County Arrest Warrants
An arrest warrant is a written court order authorizing law enforcement to detain and bring a suspect to court to answer to criminal allegations. A law enforcement officer seeking to make an arrest often needs a warrant when they have no probable cause or evidence connecting a suspect to the crime.
To obtain a warrant, a law enforcement officer typically approaches a judge and presents cogent circumstantial evidence leading to an irresistible conclusion that the suspect indeed committed the crime. The warrant is issued in the form of a document containing the following information:
- The law enforcement officer to whom it is addressed
- The name of the suspect
- A command addressed to the officer to immediately arrest the suspect
- The allegation against them
- The judge's signature
- The court's stamp
Do Davison County Arrest Warrants Expire?
Davison County arrest warrants do not expire or go away. The rationale is that, if arrest warrants were issued with an expiration date, offenders may lie low, hoping to evade the justice system.
Arrest warrants only go away if they're served or if the prosecution dismisses the criminal charges that prompted the issuance of the warrant.
Expunge Davison County Arrest Records
To expunge an arrest record, follow these steps:
- File an expungement petition in the court that handled the case.
- Serve a copy of the motion upon the prosecuting attorney who prosecuted the crime or who had authority to prosecute the charge (if there was no accusatory instrument filed);
- The prosecuting attorney may contest the motion in writing and at the hearing on the motion.
- The petitioner must pay a fee equal to the filing fee for a civil action in S.D. Codified Laws § 23A-3-28;
- Once granted, the person is restored to prearrest status and does not need to disclose the arrest in response to any inquiry.
Note: the filing fee may be waived if the applicant can prove to the court's satisfaction that they are indigent and unable to pay. After filing, the applicant may be required to appear in court for a hearing, unless they waive the order. After this stage, the court may approve or disapprove the expungement, depending on the benefits to the record holder and society. In addition, before applying for expungement, it is advisable to review the Davison County Court Records to confirm the specific charges to be expunged and other necessary details.