South Dakota Arrest Records

South Dakota Public Records /South Dakota Arrest Records

Are Arrest Records Public in South Dakota?

Yes, arrest records in South Dakota are generally considered public information under state law. South Dakota follows the principle that government records, including arrest records, should be accessible to citizens to ensure transparency in the criminal justice system.

The South Dakota Public Records Law, codified in SDCL Chapter 1-27, establishes that government records are open to public inspection unless specifically exempted by law. Arrest records fall under this category of public records, making them available to interested parties who follow proper procedures for access.

However, while arrest records are public in principle, there are certain limitations and restrictions on access. Some information may be redacted or restricted based on privacy concerns, ongoing investigations, or other statutory exemptions. Additionally, the method of access and the comprehensiveness of available information may vary depending on the requesting party's identity and purpose.

What Law Governs Access to Arrest Records in South Dakota?

Access to arrest records in South Dakota is primarily governed by the following laws and regulations:

South Dakota Public Records Law - SDCL Chapter 1-27 establishes the framework for public access to government records, including arrest records. This law presumes that government records are open to the public unless specifically exempted.
Criminal Identification Laws - SDCL Chapter 23-5 governs the collection, maintenance, and dissemination of criminal history information, including arrest records.
Criminal Procedure Code - SDCL Title 23A contains provisions related to arrest procedures and records.
Confidential Records Law - SDCL 1-27-1.5 outlines specific categories of records that are exempt from disclosure.
Expungement Laws - SDCL 23A-3-26 to 23A-3-33 provide the legal framework for sealing or destroying certain arrest records under specific circumstances.

These laws collectively establish the legal framework for how arrest records are created, maintained, accessed, and potentially sealed or expunged in South Dakota.

What Information Is Included in a South Dakota Arrest Record?

A typical South Dakota arrest record contains comprehensive information about an individual's encounter with law enforcement. These records generally include:

Personal Identification Information:
- Full legal name
- Date of birth
- Physical description (height, weight, eye color, hair color)
- Photograph (mugshot)
- Fingerprints
- Address at time of arrest
Arrest Details:
- Date and time of arrest
- Location of arrest
- Arresting agency
- Name and badge number of arresting officer(s)
- Charges filed at arrest
- Booking information
Case Information:
- Case number
- Court jurisdiction
- Preliminary hearing dates
- Bail or bond information
- Detention status
Offense Information:
- Description of alleged criminal activity
- Statutory citations of violated laws
- Classification of offense (misdemeanor or felony)
Disposition Information (if available):
- Court proceedings outcomes
- Conviction information
- Sentencing details
- Dismissal information

It's important to note that the completeness of information may vary depending on the stage of the criminal justice process and the specific agency maintaining the record.

How To Obtain Arrest Records in South Dakota in 2025

Obtaining arrest records in South Dakota can be accomplished through several methods, depending on your needs and the specific information you're seeking:

In-Person Requests

The most direct method is to visit the relevant agency in person:

South Dakota Division of Criminal Investigation (DCI)
1302 East Highway 14, Suite 5
Pierre, SD 57501
Phone: (605) 773-3331
South Dakota Division of Criminal Investigation
Hours: Monday-Friday, 8:00 AM - 5:00 PM CT

For local arrest records, you can visit the county sheriff's office or municipal police department where the arrest occurred. Bring government-issued photo identification and be prepared to complete a request form and pay any applicable fees.

Mail Requests

To request records by mail:

Download and complete the Criminal Record Check Form from the DCI website.
Include a check or money order for the appropriate fee.
Include a self-addressed stamped envelope.
Mail to:
South Dakota Division of Criminal Investigation
Identification Section
1302 East Highway 14, Suite 5
Pierre, SD 57501

Phone Requests

Some basic information may be available by phone, but most agencies require written requests for official arrest records:

South Dakota Division of Criminal Investigation
Phone: (605) 773-3331

Email Requests

Email requests for criminal history information can be sent to: ATTN: Identification Section at IDRequests@state.sd.us

Include your contact information and specific details about the records you're seeking. The agency will respond with instructions on how to proceed with your request.

How to Find Arrest Records Online in South Dakota

South Dakota offers several online resources for accessing arrest records:

Official State Resources

South Dakota Unified Judicial System - The South Dakota Courts website provides access to court records through their public access portal. Users can search for cases by name, case number, or attorney.
South Dakota Department of Corrections Offender Search - The DOC Offender Search allows users to search for current inmates and those on parole or probation.
South Dakota Sex Offender Registry - The Sex Offender Registry provides information about registered sex offenders in the state.

County Sheriff's Office Websites

Many county sheriff's offices maintain online inmate rosters or recent arrest logs:

Third-Party Websites

Several commercial websites aggregate public record information, including arrest records. However, these sources may not always be up-to-date or accurate, and they typically charge fees for access.

Who Can Access Arrest Records in South Dakota?

Access to arrest records in South Dakota varies depending on the requester's identity and purpose:

General Public Access

Members of the general public can access basic arrest record information, including:

Name of the arrested individual
Charges filed
Date of arrest
Current custody status

Enhanced Access

The following entities typically have broader access to detailed arrest records:

Law Enforcement Agencies - Full access for legitimate law enforcement purposes
Criminal Justice Agencies - Access for administration of criminal justice
Government Agencies - Access for employment screening for sensitive positions
Licensed Attorneys - Access for case representation
The Individual Subject of the Record - Access to their own records

Restricted Access

Some information may be restricted even to those with enhanced access, particularly:

Juvenile records (unless ordered by a court)
Sealed or expunged records
Records related to ongoing investigations
Records containing confidential informant information

Are There Fees for Obtaining Arrest Records in South Dakota?

Yes, South Dakota agencies typically charge fees for providing arrest records:

State-Level Fees

South Dakota Division of Criminal Investigation:

$24.00 for a criminal history record check
Additional fees may apply for fingerprint-based searches
Payment methods: Check, money order, or credit card (for in-person requests)

County and Municipal Fees

Fees vary by jurisdiction but typically include:

$5-15 for basic arrest record information
$0.25-1.00 per page for copies of documents
Additional fees for certified copies

Fee Waivers

Fee waivers may be available in limited circumstances:

For indigent individuals in certain legal proceedings
For certain government agencies
For nonprofit organizations in specific situations

Always contact the specific agency beforehand to confirm current fee schedules.

How Long Are Arrest Records Kept in South Dakota

South Dakota maintains arrest records for extended periods, following these general retention guidelines:

State-Level Records

Felony Arrests: Maintained permanently in the state's criminal history repository
Misdemeanor Arrests: Typically maintained for at least 10 years
Non-Conviction Records: Generally maintained unless expunged through court order

Local Agency Records

County and municipal agencies may have different retention schedules:

Most maintain records for at least 7-10 years
Records of serious offenses are often kept permanently
Digital records may be maintained longer than paper records historically were

Court Records

The South Dakota Unified Judicial System maintains court records related to arrests according to the following general schedule:

Felony case records: Permanently
Misdemeanor case records: At least 10 years
Dismissed cases: Typically 7 years unless expunged

These retention periods are governed by the South Dakota Records Retention and Destruction Schedule, which is periodically updated.

What Information Is Redacted or Restricted in South Dakota Arrest Records?

When providing arrest records to the public, certain sensitive information is typically redacted or restricted:

Commonly Redacted Information

Social Security numbers
Driver's license numbers
Financial account information
Medical and mental health information
Information about confidential informants
Victim information in sensitive cases
Home addresses and phone numbers of law enforcement officers
Information about juveniles (under 18 years of age)
Information sealed by court order

Restricted Records

Some arrest records may be entirely restricted from public view, including:

Juvenile arrest records (with limited exceptions)
Arrests that have been expunged or sealed
Arrests related to ongoing investigations
Records where disclosure would endanger an individual
Records where disclosure would compromise an investigation

These redactions and restrictions are governed by SDCL 1-27-1.5, which outlines specific categories of records exempt from disclosure.

How To Seal or Destroy Arrest Records in South Dakota

South Dakota law provides mechanisms for sealing or expunging certain arrest records under specific circumstances:

Eligibility for Expungement

Under SDCL 23A-3-26 to 23A-3-33, individuals may be eligible for expungement if:

The arrest did not result in a conviction
The case was dismissed
The individual was acquitted at trial
The individual received a suspended imposition of sentence that has been discharged
The waiting period has passed (varies by offense type)

Expungement Process

File a Petition: Submit a petition for expungement to the court where the case was handled
Provide Notice: Notify the prosecuting attorney
Attend Hearing: If scheduled by the court
Court Order: If granted, the court will issue an order to seal the records

Automatic Expungement

South Dakota has limited provisions for automatic expungement, primarily for:

Certain minor offenses after specified waiting periods
Cases where charges were dismissed or resulted in acquittal

Legal Assistance

It is advisable to consult with an attorney when seeking expungement, as the process can be complex. Legal aid organizations such as East River Legal Services or Dakota Plains Legal Services may provide assistance to eligible individuals.

What Are the Limitations on the Use of Arrest Records in South Dakota?

South Dakota law places several restrictions on how arrest records can be used:

Employment Limitations

Under South Dakota law and federal regulations:

Employers cannot use arrest records that did not result in conviction as the sole basis for denying employment
Public employers must consider the relationship between the offense and the position
Certain licensed professions have specific restrictions on considering criminal history

Housing Limitations

Landlords and housing providers:

May consider criminal history but must apply policies consistently
Should consider the nature and recency of offenses
May face liability for blanket policies against all applicants with any criminal history

Fair Credit Reporting Act Compliance

Third-party background check companies must:

Obtain consent before conducting criminal background checks
Provide notice before taking adverse action based on findings
Ensure accuracy of reported information
Comply with the seven-year reporting limitation for non-conviction information

Anti-Discrimination Protections

Use of arrest records must not result in:

Racial or ethnic discrimination
Disability discrimination
Other forms of prohibited discrimination

Violations of these limitations may result in civil liability or administrative penalties.

Lookup Arrest Records in South Dakota

Various agencies in South Dakota maintain and provide access to arrest records. Below is a comprehensive list of resources:

State Repository for Criminal History Records

South Dakota Division of Criminal Investigation
1302 East Highway 14, Suite 5
Pierre, SD 57501
Phone: (605) 773-3331
South Dakota Division of Criminal Investigation

State Department of Public Safety

South Dakota Department of Public Safety
118 West Capitol Avenue
Pierre, SD 57501
Phone: (605) 773-3178
South Dakota Department of Public Safety

State Department of Corrections

South Dakota Department of Corrections
3200 East Highway 34
Pierre, SD 57501
Phone: (605) 773-3478
South Dakota Department of Corrections

State Court System

South Dakota Unified Judicial System
500 East Capitol Avenue
Pierre, SD 57501
Phone: (605) 773-3474
South Dakota Courts

Attorney General's Office

South Dakota Attorney General's Office
1302 East Highway 14, Suite 1
Pierre, SD 57501
Phone: (605) 773-3215
South Dakota Attorney General

County Sheriff's Offices

Minnehaha County Sheriff's Office
320 West 4th Street
Sioux Falls, SD 57104
Phone: (605) 367-4300
Minnehaha County Sheriff's Office
Pennington County Sheriff's Office
300 Kansas City Street
Rapid City, SD 57701
Phone: (605) 394-6113
Pennington County Sheriff's Office
Lincoln County Sheriff's Office
128 North Main Street
Canton, SD 57013
Phone: (605) 764-5651
Lincoln County Sheriff's Office
Brown County Sheriff's Office
22 Court Street
Aberdeen, SD 57401
Phone: (605) 626-7100
Brown County Sheriff's Office
Brookings County Sheriff's Office
315 7th Avenue
Brookings, SD 57006
Phone: (605) 696-8300
Brookings County Sheriff's Office
Codington County Sheriff's Office
14 1st Avenue SE
Watertown, SD 57201
Phone: (605) 882-6280
Codington County Sheriff's Office
Davison County Sheriff's Office
1015 South Miller Avenue
Mitchell, SD 57301
Phone: (605) 995-8630
Davison County Sheriff's Office
Lawrence County Sheriff's Office
80 Sherman Street
Deadwood, SD 57732
Phone: (605) 578-2230
Lawrence County Sheriff's Office
Yankton County Sheriff's Office
410 Walnut Street
Yankton, SD 57078
Phone: (605) 668-3567
Yankton County Sheriff's Office
Meade County Sheriff's Office
1400 Main Street
Sturgis, SD 57785
Phone: (605) 347-2681
Meade County Sheriff's Office

Municipal Police Departments

Sioux Falls Police Department
320 West 4th Street
Sioux Falls, SD 57104
Phone: (605) 367-7212
Sioux Falls Police Department
Rapid City Police Department
300 Kansas City Street
Rapid City, SD 57701
Phone: (605) 394-4131
Rapid City Police Department
Aberdeen Police Department
114 2nd Avenue SE
Aberdeen, SD 57401
Phone: (605) 626-7000
Aberdeen Police Department
Watertown Police Department
128 North Maple Street
Watertown, SD 57201
Phone: (605) 882-6210
Watertown Police Department
Brookings Police Department
307 3rd Avenue
Brookings, SD 57006
Phone: (605) 692-2113
Brookings Police Department

Federal Agencies Operating in South Dakota

Federal Bureau of Investigation - Minneapolis Division (covers South Dakota)
1501 Freeway Boulevard
Brooklyn Center, MN 55430
Phone: (763) 569-8000
FBI Minneapolis
U.S. Marshals Service - District of South Dakota
400 South Phillips Avenue, Room 428
Sioux Falls, SD 57104
Phone: (605) 330-4356
U.S. Marshals Service - District of South Dakota
Federal Bureau of Prisons - Yankton Federal Prison Camp
1016 Douglas Avenue
Yankton, SD 57078
Phone: (605) 665-3262
BOP - Yankton FPC
U.S. Courts - District of South Dakota
400 South Phillips Avenue, Room 202
Sioux Falls, SD 57104
Phone: (605) 330-6600
U.S. District Court - District of South Dakota
- Custer County Warrants List