South Dakota Background Check Laws (2026 Guide)

South Dakota has no statewide background check law for private employers, so federal FCRA rules govern screening statewide. Employers and landlords using consumer reporting agencies must follow FCRA's seven-year lookback for non-conviction records; criminal convictions report indefinitely. Minor offenses may qualify for automatic expungement under SDCL 23A-3-34.

South Dakota takes a relatively minimal approach to regulating background checks at the state level. The state does not have a comprehensive background check statute governing private employers, landlords, or licensing boards. Instead, South Dakota relies primarily on federal law, particularly the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act, supplemented by a handful of state-specific provisions related to criminal record expungement and certain industry-mandated screenings.

Whether you are an employer screening job applicants, a landlord evaluating prospective tenants, or an individual trying to understand what will appear on your record, this guide covers every major aspect of South Dakota background check law currently in effect.

How Criminal Background Checks Work in South Dakota

The South Dakota Division of Criminal Investigation (DCI), housed within the Office of the Attorney General, operates the state criminal background check system. The DCI Identification Section maintains the state's central repository of arrest and conviction records and processes all fingerprint-based background checks.

There are two primary types of criminal background checks available in South Dakota:

State-Only Background Check. This search covers criminal records maintained by the DCI within South Dakota. It is available to individuals requesting their own record and to employers conducting pre-employment screening. The fee for a state-only check is $26.75.

Combined State and FBI Background Check. This search includes both South Dakota records and federal records through the FBI database. It requires fingerprint submission and costs $43.25. Combined checks are available only to state-mandated agencies and employers who are required by law to conduct FBI-level screening before hiring.

The Fingerprint-Based Process

South Dakota requires fingerprint submission for official background checks. According to the DCI background check instructions, the process works as follows:

1. Create an account on the DCI background check request form website
2. Complete payment using a credit card or bank account
3. Submit fingerprints through a LiveScan machine located in South Dakota (an appointment at the LiveScan location is typically necessary)
4. Complete and submit electronic fingerprints within 10 days of account creation, or the request may be deleted and payment will need to be resubmitted

Processing times can take up to eight weeks after the DCI receives all necessary information, fingerprints, signed authorization, and fees. The DCI will either supply a copy of any criminal history found or provide a letter stating that no criminal history exists.

Public Court Records Access

South Dakota also provides public access to court records through the Unified Judicial System's Public Access Record Search (PARS) system. PARS allows searches by party name and date of birth or by case number. Criminal cases from 1989 to the present are available online unless sealed by court order. Each PARS search costs $20, regardless of whether the search returns any records.

For cases filed before 1989, records must be requested directly from the clerk of courts office in the county where the case was filed. Open court records referenced in a PARS summary can also be viewed at public access computer terminals located in all South Dakota courthouses.

Ban the Box Status in South Dakota

South Dakota does not have a statewide Ban the Box law. Private employers across the state may ask about criminal history on job applications, during interviews, and at any stage of the hiring process without restriction.

Public-sector hiring is not covered by a Ban the Box statute either. No provision of South Dakota Codified Law bars a state agency from asking about criminal history on an initial employment application, so any limit on that question in state government hiring would come from an individual agency's own hiring policy rather than from state law. Applicants should read the specific application they are completing.

Unlike states such as California, New York, or Illinois that have enacted comprehensive fair-chance hiring laws covering both public and private employers, South Dakota leaves private-sector hiring decisions regarding criminal history largely unregulated at the state level. No South Dakota municipality has adopted a local Ban the Box ordinance as of early 2026.

What This Means for Job Applicants

Because South Dakota lacks a private-sector Ban the Box law, applicants should expect that most private employers will ask about criminal history early in the hiring process. However, all employers remain subject to federal protections under Title VII of the Civil Rights Act of 1964. The EEOC voted on October 28, 2026 to rescind its Enforcement Guidance on the Consideration of Arrest and Conviction Records, effective immediately, so it is no longer agency policy.

The withdrawn guidance had told employers to conduct an individualized assessment before rejecting an applicant based on criminal history, considering three factors (known as the "Green factors" from Green v. Missouri Pacific Railroad):

• The nature and gravity of the offense
• The time that has passed since the offense or completion of the sentence
• The nature of the job held or sought

A blanket policy of refusing to hire anyone with a criminal record may constitute disparate impact discrimination under Title VII if it disproportionately affects applicants of a particular race or national origin.

Expungement and Criminal Record Clearing

South Dakota's expungement laws are codified in SDCL Chapter 23A-3, starting at Section 23A-3-26. The state offers several pathways for clearing criminal records, though the options are more limited than in many other states, particularly for felony convictions.

Definition of Expungement

Under SDCL 23A-3-26, expungement means the sealing of all records held by any court, detention or correctional facility, law enforcement agency, criminal justice agency, or the Department of Public Safety concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense. Expungement does not mean the physical destruction of records. The records continue to exist but become inaccessible to the general public.

Expungement of Arrest Records (Non-Convictions)

Under SDCL 23A-3-27, a person may petition the court for expungement of an arrest record under the following circumstances:

The petition must be filed with the Clerk of Court that had (or would have had) jurisdiction over the criminal case. Under SDCL 23A-3-28, the petitioner must serve the motion on the prosecuting attorney's office, typically at least 14 days before the hearing date.

South Dakota considers a motion to expunge as a civil filing, and the applicable filing fee is $70.

Expungement of Conviction Records

South Dakota provides limited options for expunging conviction records. Under the state's laws, the following pathways exist:

Automatic Expungement of Minor Offenses. Under SDCL 23A-3-34, any charge or conviction from a case where a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense is automatically removed from a defendant's public record after five years, if all court-ordered conditions have been satisfied and the defendant has not been convicted of any further offense during those five years. This process occurs automatically without additional fees or hearings. The case record remains available to court personnel and may still be used to enhance the prosecution of a later offense.

Diversion Program Expungement. Under SDCL 23A-3-35, a person placed in a diversion program is eligible for expungement of the entire criminal record related to that arrest after successfully completing every term of the program and going one year and thirty days without any new charge other than a petty offense or minor traffic citation. Nothing in the statute requires a state's attorney to offer or operate a diversion program.

No General Petition Route for Convictions. South Dakota has no statute allowing a person to petition a court to expunge a conviction generally. The petition procedure in SDCL 23A-3-27 reaches only the record of an arrest, not a conviction, so outside the automatic removal and diversion routes above, conviction relief runs through the pardon and suspended-imposition paths described below.

Bureau Records Destruction (Not Court Expungement). Separately from the court process, SDCL 23-6-8.1 allows the director of the Bureau of Criminal Statistics to authorize destruction of the bureau's own information and records for four categories: persons who are dead; persons seventy-five years of age or older, unless a violation has occurred within the last ten years; incidents that are no longer considered crimes under South Dakota law; and misdemeanor offenses whose final date of disposition occurred at least ten years before the authorized destruction date. This is a discretionary agency housekeeping power over bureau records, not relief a person can request from a court, and it does not seal court files the way expungement under SDCL 23A-3-26 does.

No General Felony Expungement

Unlike many states that have expanded expungement eligibility in recent years, South Dakota does not have a general felony expungement statute. Felony convictions cannot be expunged by petition, and there is no age-based or decriminalization-based expungement route for them.

For felony convictions, the available pathways are:

• Gubernatorial pardon through the South Dakota Board of Pardons and Paroles
• Exceptional pardon under SDCL 24-14-8, which fully restores civil rights
• Suspended imposition of sentence under SDCL 23A-27-13, where the conviction is set aside upon successful completion of probation

Effect of Expungement

Once a record is expunged in South Dakota, the individual is treated as if the arrest or conviction never occurred. An expunged record should not appear on standard background checks conducted by consumer reporting agencies.

FCRA Requirements and Lookback Periods

When a South Dakota employer, landlord, or other entity uses a third-party consumer reporting agency (CRA) to conduct a background check, the federal Fair Credit Reporting Act (FCRA) applies. The FCRA establishes specific requirements that apply throughout the screening process.

Before Running a Background Check

Employers and other users of consumer reports must take two steps before requesting a background check through a CRA:

1. Provide a standalone written disclosure to the individual stating that a background check will be conducted. This disclosure must be a separate document and cannot be embedded within a job application or lease agreement.
2. Obtain signed written authorization from the individual granting permission to run the check.

The Seven-Year Lookback Period

Under 15 U.S.C. 1681c, consumer reporting agencies generally cannot report the following types of information if they are more than seven years old:

• Arrests that did not result in a conviction
• Civil suits and civil judgments
• Paid tax liens
• Accounts placed for collection
• Any other adverse item (except criminal convictions)

Criminal convictions have no federal time limit. A conviction can be reported by a CRA regardless of how old it is, unless the record has been expunged or sealed under state law.

There is one significant exception to the seven-year restriction: it does not apply to positions with an expected annual salary of $75,000 or more. For higher-paying positions, CRAs may report non-conviction records beyond the seven-year window.

South Dakota does not impose any additional state-level lookback restrictions beyond the federal FCRA standards. This means CRAs operating in South Dakota follow the federal rules without further limitation.

Adverse Action Process

If an employer or landlord decides to take an adverse action (such as not hiring or not renting to someone) based in whole or in part on information from a background check, the FCRA requires a two-step process:

Step 1: Pre-Adverse Action Notice. Before making a final decision, the employer or landlord must provide:

• A copy of the background check report
• A copy of the individual's rights under the FCRA (the "Summary of Rights" document)
• Written notice that an adverse decision is being considered

Step 2: Final Adverse Action Notice. After waiting a reasonable period (typically five business days) to allow the individual to dispute inaccurate information, the employer or landlord must provide:

• Written notice of the final decision
• The name, address, and phone number of the CRA that supplied the report
• A statement that the CRA did not make the hiring or rental decision
• Notice of the individual's right to obtain a free copy of the report and to dispute its accuracy

Failing to follow this process can result in lawsuits under the FCRA, including statutory damages of $100 to $1,000 per violation plus potential punitive damages and attorney's fees.

Employment Background Checks

South Dakota employers have broad discretion in conducting background checks, subject to federal FCRA and Title VII requirements.

At-Will Employment and Criminal History

South Dakota is an at-will employment state, meaning employers can generally hire and fire employees for any lawful reason. There is no state law prohibiting employers from considering criminal history in employment decisions, provided the consideration does not violate federal anti-discrimination protections.

However, employers should avoid asking about or considering the following during the hiring process:

• Arrest records without convictions. Using arrest-only records as a basis for employment decisions raises significant Title VII concerns, a point the EEOC made in guidance it rescinded on October 28, 2026. The Title VII exposure itself remains.
• Expunged or sealed records. Records that have been expunged under SDCL Chapter 23A-3 should not be considered or used in employment decisions.

Industry-Specific Requirements

Several industries in South Dakota require background checks by state or federal law:

Education. South Dakota requires criminal background checks for school employees. In February 2026, Governor Larry Rhoden signed HB 1003, which amended provisions pertaining to required criminal background investigations for certain school employees. School districts must maintain a written policy identifying employment disqualifiers and establishing an appeal process for applicants who wish to challenge background check results.

Childcare. The South Dakota Department of Social Services requires background checks for individuals working in licensed childcare facilities.

Healthcare and Social Work. In February 2026, Governor Rhoden also signed HB 1028, establishing a criminal background check requirement for multistate licensure under the social work licensure compact, affecting social workers practicing across state lines.

Housing Background Checks

South Dakota does not have a state law specifically governing the use of criminal background checks in tenant screening. Landlords and property managers who use third-party screening services are subject to the federal FCRA requirements described above.

What Landlords Can Screen For

South Dakota landlords may screen prospective tenants for:

• Criminal history (convictions)
• Credit history and credit score
• Eviction history
• Rental history and references
• Income verification

Application Fees

South Dakota does not cap application fees for rental housing. Landlords may charge any amount for application processing, and these fees are non-refundable under state law.

FCRA Requirements for Landlords

When a landlord uses a CRA for tenant screening, the same FCRA rules apply as in employment screening:

• Written disclosure and signed consent are required before running the check
• The seven-year reporting limit applies to non-conviction records
• If the landlord denies a tenancy based on the screening report, they must provide an adverse action notice

Fair Housing Considerations

Under the Federal Fair Housing Act, landlords cannot discriminate based on race, color, national origin, religion, sex, familial status, or disability. The Department of Housing and Urban Development (HUD) has issued guidance stating that blanket criminal history bans in tenant screening may violate the Fair Housing Act if they produce a disparate impact on protected classes.

The South Dakota Division of Human Rights, housed within the Department of Labor and Regulation, also enforces state anti-discrimination protections. South Dakota law prohibits housing discrimination on the basis of race, color, creed, religion, sex, ancestry, disability, familial status, and national origin.

Landlords should apply consistent, documented screening criteria to all applicants and avoid policies that automatically disqualify anyone with any criminal record.

Professional Licensing Background Checks

South Dakota requires fingerprint-based background checks for many professional licenses, particularly in healthcare, education, childcare, law enforcement, and financial services.

How Licensing Background Checks Work

Professional licensing boards in South Dakota that are authorized by state legislation to conduct background checks must route their requests through the DCI. These checks typically require both a state-level search and an FBI national search, using fingerprints submitted through the LiveScan system.

South Dakota does not have a single generalized professional-licensing background-check statute. Instead, individual licensing statutes set their own requirements -- for example, SDCL 38-35-5 requires fingerprint-based state and federal background checks for industrial hemp license applicants, key participants, and landowner-lessees. Each licensing board otherwise establishes its own disqualifying offenses through its governing statutes and rules, based on the nature of the licensed profession and the potential risk to public safety.

Considerations for Applicants with Criminal Records

While South Dakota does not have a broad statutory provision similar to some states that prohibit automatic denial of professional licenses based solely on a criminal conviction, applicants with criminal records should be aware of the following:

• Each licensing board sets its own criteria for evaluating criminal history
• The relevance of the offense to the duties of the licensed profession is typically a key factor
• Expunged records under SDCL Chapter 23A-3 generally should not appear on background checks used for licensing purposes
• A gubernatorial pardon may help overcome licensing barriers related to a felony conviction

Firearm Background Checks in South Dakota

South Dakota follows federal law for firearm purchases from licensed dealers. All purchases through a Federal Firearms Licensee (FFL) require a National Instant Criminal Background Check System (NICS) check.

South Dakota is not a point of contact state for NICS, meaning the state does not conduct its own firearms background checks. Instead, FFLs contact the FBI directly to initiate the federal check.

Key points about South Dakota firearms background checks:

• Private sales do not require a background check. South Dakota does not require background checks for private firearm sales or transfers between individuals.
• Dealer identity verification. Under state law, a dealer may not sell a handgun unless the purchaser is personally known to the dealer or presents clear evidence of identity.
• Concealed carry permit exemption. Holders of a valid South Dakota concealed weapons permit issued within the previous five years are exempt from the NICS check when purchasing a handgun from an FFL.
• Mental health reporting. South Dakota law requires courts and mental health facilities to report information to the Attorney General identifying individuals who have become prohibited from possessing firearms due to mental health adjudications. The Attorney General then reports these records to NICS.

Recent Changes and Legislative Updates

South Dakota's background check landscape has seen several updates in recent legislative sessions:

2026 Legislative Session:

• HB 1003 (signed February 25, 2026): Amended provisions for required criminal background investigations of certain school employees, updating the screening process for education professionals.
• HB 1028 (signed February 13, 2026): Established criminal background check requirements for multistate licensure under the social work licensure compact.

Ongoing Considerations:

• South Dakota continues to rely on federal FCRA standards rather than enacting state-specific lookback restrictions.
• No Ban the Box legislation for private employers has advanced in recent legislative sessions.
• The state has not expanded felony expungement eligibility to match trends in other states.

How to Check Your Own Criminal Record in South Dakota

Individuals can request their own criminal history record from the DCI. This is useful for verifying accuracy before applying for jobs, housing, or professional licenses.

To request your record:

1. Visit the South Dakota Attorney General background check page
2. Create an account on the background check request form website
3. Pay the $26.75 fee for a state-only check
4. Schedule an appointment at a LiveScan location in South Dakota to submit fingerprints
5. Complete fingerprint submission within 10 days of account creation

Under SDCL 23-5-12, any person may examine the criminal history information the attorney general keeps about them by submitting a written request together with fingerprint identification, and may authorize the attorney general to release that information to other individuals or organizations. The attorney general may require a signed liability waiver before releasing it. The statute itself does not create a procedure for challenging what the record says, so if you find an error, contact the DCI Identification Section and ask what its correction process requires.

Frequently Asked Questions

Does South Dakota have a Ban the Box law?

South Dakota does not have a statewide Ban the Box law for private employers. Private employers may ask about criminal history at any point during the hiring process, including on the initial job application. State government hiring is not covered by a Ban the Box statute either: no provision of South Dakota Codified Law bars a state agency from asking about criminal history on an initial application, so any limit would come from an individual agency's own hiring policy rather than state law. No South Dakota municipality has adopted a local Ban the Box ordinance.

How far back do background checks go in South Dakota?

Under the federal FCRA, most non-conviction records (arrests, civil suits, collections) are limited to a seven-year lookback period when reported by a consumer reporting agency. Criminal convictions have no time limit and can be reported indefinitely, unless the record has been expunged. The seven-year restriction does not apply to positions with an annual salary of $75,000 or more. South Dakota does not impose any additional state-level lookback restrictions beyond the federal FCRA standards.

Can a misdemeanor be expunged in South Dakota?

Sometimes. Under SDCL 23A-3-34, a charge or conviction from a case where a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense is automatically removed from the public record after five years, if all court-ordered conditions were satisfied and there were no further convictions in that period. A person who completes a diversion program may also be eligible for expungement of that record under SDCL 23A-3-35. Beyond those two routes, South Dakota has no general petition procedure for expunging a conviction: the petition in SDCL 23A-3-27 covers arrest records only, and other misdemeanor and felony convictions can be addressed only through a gubernatorial pardon or a suspended imposition of sentence.

What do employers in South Dakota need to do before running a background check?

When using a third-party consumer reporting agency, employers must provide a standalone written disclosure informing the applicant that a background check will be conducted and obtain signed written authorization. These are federal FCRA requirements that apply in all states. The disclosure must be a separate document and cannot be included within the job application itself. If the employer decides not to hire based on the background check results, they must follow the FCRA two-step adverse action process: a pre-adverse action notice with a copy of the report, followed by a final adverse action notice after a reasonable waiting period.

Can a landlord in South Dakota deny a rental application based on criminal history?

South Dakota does not have a state law specifically restricting the use of criminal history in tenant screening. Landlords may consider criminal conviction records when evaluating applicants. However, landlords who use third-party screening services must comply with FCRA requirements, including obtaining written consent and following the adverse action process if they deny an application. Under the federal Fair Housing Act and South Dakota anti-discrimination law, a blanket criminal history ban that produces a disparate impact on protected classes may be considered discriminatory.