South Dakota Expungement Laws: Arrest Records, Suspended Imposition, and What You Can Clear
South Dakota Expungement Laws: Arrest Records, Suspended Imposition, and What You Can Clear
South Dakota provides two distinct pathways for clearing a criminal record: expungement of arrest records under SDCL § 23A-3-27 for arrests that did not result in a conviction, and sealing of a conviction through the suspended imposition of sentence procedure under SDCL § 23A-27-13 for eligible defendants who complete their sentence terms successfully.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article addresses criminal record relief under South Dakota law as of May 29, 2026. For the national framework and other states' rules, see Expungement Laws by State.
What South Dakota Allows: The Two Pathways
South Dakota law offers two separate forms of criminal record relief, and they serve different situations. The first is expungement of arrest records under SDCL § 23A-3-27. That statute applies when an arrest did not lead to a conviction: no accusatory instrument was filed, the prosecutor dismissed the case, or a jury or judge returned an acquittal. The court may order that records related to the arrest, detention, trial, or disposition be sealed, restoring the person to their pre-arrest status for most legal purposes. The second pathway is the suspended imposition of sentence under SDCL § 23A-27-13. A judge imposes this at sentencing rather than entering a judgment of conviction; if the defendant completes all conditions, the charge is dismissed and the record is sealed. South Dakota does not have a separate post-conviction expungement statute that allows a person convicted of a crime to petition the court years later to erase that conviction. The suspended imposition route must be granted by the sentencing judge at the time of sentencing.
Arrest Record Expungement Under SDCL § 23A-3-27
Under SDCL § 23A-3-27, a person may petition to expunge records related to an arrest if one of four conditions applies: (1) at least one year has passed since the date of arrest and no accusatory instrument was ever filed; (2) at least one year has passed since the prosecuting attorney formally dismissed the entire criminal case; (3) the person was acquitted, in which case the petition may be filed at any time; or (4) the prosecuting attorney dismissed the entire case and the petitioner can show compelling necessity, in which case the petition may be filed before the one-year period expires. The statute describes the relief as sealing records related to a person's "arrest, detection, apprehension, arrest, detention, trial, or disposition within the criminal justice system." The South Dakota Unified Judicial System confirms this scope on its expungement self-help page at ujs.sd.gov/self-help/civil-law-help/expungement/. The UJS treats the petition as a civil matter, which explains why the self-help page for expungement sits under Civil Law Help rather than Criminal Law Help. Filing fees follow the court's standard civil filing schedule; the UJS advises applicants who cannot afford fees to request a fee waiver using the forms available on the self-help portal.
Suspended Imposition of Sentence Under SDCL § 23A-27-13
Suspended imposition of sentence is South Dakota's primary mechanism for relieving a felony conviction from a person's record. Under SDCL § 23A-27-13, a court may, at the time of sentencing, suspend the imposition of a felony sentence and place the defendant on probation, provided the defendant consents and has never before been convicted of a felony. If the defendant completes the probation and all other conditions the court sets, the court discharges the defendant and dismisses the case without entering a judgment of guilt. The dismissal seals the record, and the defendant may legally state that no conviction resulted from the charge. SDCL § 23A-27-13.1 is a procedural requirement that directs the court to forward a nonpublic record of the suspension to the Division of Criminal Investigation within fifteen days of the filing of the suspension order. The separate provision SDCL § 23A-27-13.3 bars defendants convicted of rape under certain subdivisions of SDCL § 22-22-1 from receiving suspended imposition. Misdemeanor offenses are addressed under the parallel provision SDCL § 23A-27-12.2. Because suspended imposition must be granted by the sentencing judge, a defendant who received a straight conviction at sentencing cannot later petition for it. Class A and Class B felonies (the most serious offenses under South Dakota law, including first-degree murder and second-degree murder) are generally not eligible because the statute excludes any felony punishable by death or life imprisonment. Sex offenses that require registration under the sex offender registry carry additional restrictions. Prosecutors and defense counsel typically negotiate suspended imposition as part of plea discussions, and it is most commonly granted for first-time offenders.
How to File for Arrest Record Expungement
The South Dakota Unified Judicial System provides a guided petition process for arrest-record expungement under SDCL § 23A-3-27. The court system offers two filing routes. The first is the Guide and File online system, which walks the petitioner through a question-and-answer format and generates completed forms. The second is the manual form set, which requires printing and completing individual pro se forms. The required forms are: UJS-390 (Expungement Process Instruction Sheet), UJS-232 (Case Filing Statement), UJS-391 (Motion for Expungement and Statement of Mailing), UJS-392 (Waiver of Expungement Hearing), UJS-393 (Notice of Hearing for Expungement), UJS-394 (Order of Expungement), and UJS-395 (Notice of Entry of Order of Expungement). Forms must be printed single-sided in black ink. The petitioner files in the circuit court in the county where the arrest occurred. After filing, the court notifies the prosecutor, who may waive a hearing (using UJS-392) or set a hearing date. If the court grants the petition, the Order of Expungement (UJS-394) directs all relevant agencies, including law enforcement and the South Dakota Division of Criminal Investigation, to seal the covered records. For assistance, the UJS Self-Help Center is reachable at ujssrlhelp@ujs.state.sd.us or 1-855-784-0004.
What Expungement Does and Does Not Do
A South Dakota Order of Expungement under SDCL § 23A-3-27 seals records held by state and local agencies. The order directs the court, law enforcement agencies, and the South Dakota Division of Criminal Investigation to seal the covered arrest and case records. After an order is entered, the person may generally state that the arrest or charge did not occur in the context of most employment applications and civil proceedings. However, an expungement order does not automatically remove records from private background-check companies or third-party data aggregators, which may retain copies independently. A person who receives an order should send a copy to any known private background-check providers and request removal. Federal agencies retain access to certain records under federal law regardless of a state expungement order, and immigration authorities may still consider state-expunged records in removal proceedings. For the suspended imposition pathway, the record is sealed upon successful discharge, but the original charge may remain visible in court indexes unless the court separately orders the clerk to seal case index entries.
Exclusions and Limits on South Dakota Record Relief
South Dakota's record relief options are narrower than those in many other states. Several categories of offenses and circumstances fall outside the available remedies. Convictions that did not proceed through suspended imposition at sentencing have no separate petition pathway; there is no general post-conviction expungement statute. Sex offenses requiring registration on the sex offender registry carry heightened restrictions on both suspended imposition and any related record relief. Class A felonies (punishable by death or life imprisonment) and Class B felonies (punishable by mandatory life imprisonment) are generally not candidates for suspended imposition under SDCL § 23A-27-13, because that statute excludes any felony punishable by death or life imprisonment. A person who received a conviction and completed a straight sentence has no statutory mechanism in South Dakota to petition a court to expunge or seal that conviction record later. Juvenile records are subject to separate provisions under the Juvenile Code rather than chapter 23A-3. Drug court and other diversion program completions may carry their own sealing provisions set by program order, which differ from the statutory expungement process.
Disclaimer: This article provides general legal information about South Dakota criminal record relief laws as of May 29, 2026. It does not constitute legal advice. South Dakota law and court procedures change, and individual circumstances vary. Consult a licensed South Dakota attorney before filing any petition or making decisions based on this information.
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This article provides general legal information only and does not constitute legal advice. Laws change; verify current statutes with official South Dakota sources or a licensed South Dakota attorney.