South Dakota Criminal Court Records

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    South Dakota criminal court records are crucial for preserving due process and upholding the transparency of the state's criminal justice system. These records are generated during proceedings involving an individual accused of violating state law or local ordinance. They include motions, transcripts, verdicts, and sentencing orders.

    The South Dakota Unified Judicial System (UJS) serves as the central custodian of South Dakota criminal court records. The UJS offers online portals and tools that enable users to search these records, as mandated by state laws and court rules.

    Are Criminal Court Records Public in South Dakota

    Yes. Under South Dakota Certified Law Chapter (SDCL) 15-15A, criminal court records are generally considered public. This law establishes a legal framework that allows the public to inspect case information and obtain copies of court documents, subject to exceptions specified by law.

    To safeguard sensitive information and uphold the right to privacy and impartial trials, access to certain records may be restricted. These include sealed or expunged cases, juvenile records, presentence investigation reports, and the identifying details of victims and witnesses.

    What Criminal Court Records Contain in South Dakota

    South Dakota's criminal court records provide comprehensive information about criminal cases. These records contain party/case identifiers, such as the defendant's name, filing date, case number, and case type. They also encompass the documentation filed during ongoing proceedings, such as pleas, motions, charging instruments, sentencing orders, warrants, summonses, and appeal notices. Additionally, the records document case outcomes, including acquittals, dismissals, and convictions.

    As mentioned, sensitive and confidential criminal case information/records are generally excluded from public view in South Dakota.

    South Dakota Criminal Court Records Search

    South Dakota criminal court records are available through several channels, including online and in-person access.

    Online

    The South Dakota Unified Judicial System provides a range of case search tools, allowing public users to access criminal case information using identifiers such as a case party's name, case number, or filing date. Each tool serves a distinct function and offers different scopes of information:

    • Public Access Records Search (PARS): This is the primary online portal that grants users access to court files and case summaries upon payment of the required search fees.
    • eCourts: A search tool provides summaries of public case information to registered users. User registration is free on this portal.

    In-Person Access

    Criminal court records can be accessed electronically through public terminals available at various criminal courthouses (the circuit courthouses). These terminals allow individuals to view open court records at no cost.

    For records that are not available online, it is recommended to visit the courthouse where the case was filed. Individuals can also submit requests directly to the Clerk of the Court's office. Certified documents and printed copies of court materials can typically be obtained upon payment of a statutory fee.

    Free Access to Criminal Court Records in South Dakota

    Individuals can conduct limited criminal court record searches at no cost at UJS public terminals located at various courthouses across the state. Additionally, as registered users, members of the public can look up case summaries on the UJS eCourts portal for free. Free searches grant access to a list of filings, hearing schedules, case status, and other case information.

    However, payment may be required to access older/undigitized cases, certified documents, or printed copies of court records. Indigent applicants may seek fee waivers from the court or the clerk's office. Fee waivers generally aim to ensure that requesters are not hindered from accessing essential judicial records due to financial hardship.

    Sealing and Expungement of Criminal Court Records in South Dakota

    In South Dakota, "sealing" and "expungement" are interchangeable terms that describe the legal process to control the visibility and effects of a criminal record. Expungement is defined as the "sealing of an arrest, charge, or conviction." In the state, expunged records are not physically destroyed; instead, they are sealed. Nonetheless, other kinds of sealing, which hide records from public view, are still available under specific conditions.

    Eligibility criteria for expungement or sealing typically depend on several factors, including the type of offense, the outcome of the case, and the completion of statutory waiting periods following the case's final disposition. This remedy has the potential to reduce the impact of a past criminal conviction on a person's criminal history records.

    How to Seal Criminal Court Records in South Dakota

    A Suspended Imposition of Sentence (SIS) is one way to achieve a sealed record in South Dakota. This sentencing option allows first-time offenders to avoid the societal stigma associated with a criminal conviction. SIS is not a distinct legal action performed after a conviction; rather, it is granted in the form of probation to the defendant at the point of sentencing.

    Before an SIS is granted, the offender must be perceived as a suitable candidate by the judge, who has the sole discretion to award the sentence. In South Dakota, state law allows a one-time SIS for both misdemeanor and felony convictions, provided the individual has no prior charges or convictions within or outside state borders. For closed cases, a two-year window exists from the sentencing date for defendants to petition the judge to modify the sentence and grant an SIS for the case. This option, however, does not apply to serious offenses, such as a DUI and rape.

    Moreover, under SDCL 26-7A-116, the court has the authority to seal records and files, either on its own initiative or upon petition from any party involved in an eligible action, in accordance with §§ 26-7A-113, 26-7A-114, or 26-7A-115 (juvenile delinquency records).

    How to Expunge a Criminal Record in South Dakota

    In South Dakota, expunging a criminal court record is treated as a new civil action, not an administrative request to remove a criminal entry. As per SDCL 23A-3-26, a record can be expunged if it fulfills any of the following criteria:

    • At least after an arrest incident, and no accusatory instrument was filed.
    • At least one year after the prosecuting attorney formally dismissed the case.
    • Any time after an acquittal.
    • Within a year from the date the prosecuting attorney formally dismissed the case upon a showing of compelling necessity.

    The expungement process involves compliance with the following procedural steps:

    • Confirm Eligibility: Individuals seeking to expunge a criminal record in South Dakota must first determine their eligibility status, i.e., whether the case meets all expungement requirements under the state's laws.
    • Obtain the Petition Form: Once eligibility is determined, the defendant can proceed to obtain the designated form packets from the Unified Judicial System.
    • File a Petition to Expunge: The applicant must complete the Motion for Expungement (UJS-391A) and the Case Filing Statement (UJS-232). A filing fee of $72 is required to file these documents with the clerk of court where the case was initially heard. Individuals who qualify as indigent under state law may request a fee waiver.
    • Serve Notice: The petitioner must serve a copy of this motion, along with the Admission of Service form (UJS-391B), on the prosecuting attorney previously in charge of the criminal case. The prosecutor may respond in writing to contest the motion.
    • Attend Scheduled Hearing: Judicial hearings are usually scheduled to review the expungement motion unless the hearing is waived by the prosecuting attorney or other parties involved in the case.
    • Receive Expungement Order: After the court's review, an expungement order may be signed by the judge upon finding that the expungement is in the interests of justice. If the request is granted, the court will forward the non-public record of disposition to the Division of Criminal Investigation, where it will be retained for future reference. The petitioner is required to file a Notice of Entry of Order and provide a copy to the state's attorney, whether the request was granted or not.

    Criminal Records in South Dakota vs Court Records

    Criminal records and court records are official documents prepared by different criminal justice agencies, performing different yet complementary functions within the state's criminal justice system.

    Criminal records, also called Criminal History Record Information (CHRI), are statewide histories maintained by law enforcement agencies or the South Dakota Division of Criminal Investigation. These records include information on arrests, charges, dispositions, and other matters related to an individual's interaction with the state's criminal justice system.

    In contrast, criminal court records refer to the files and other materials generated during the prosecution of criminal cases.

    Requesting a South Dakota Criminal History Record

    Criminal history records in South Dakota are maintained by the Division of Criminal Investigation (DCI). The DCI is responsible for controlling access to these records, releasing them only to the named individuals. State law restricts access to another person's record; only authorized entities, such as government agencies and certain employers (with consent), can make such requests.

    How to Request a South Dakota State Background Check

    A background check in South Dakota can be obtained from the state's Division of Criminal Investigation Identification Section (DCI ID). This process is typically initiated by completing the appropriate request form, providing personal fingerprints electronically or on official fingerprint cards (either in person or through authorized vendors), and paying the required fees.

    Once a request is received and processed, the results will be sent by the DCI directly to the requester or authorized agency. Fingerprint-based identification is necessary to ensure the accuracy of search results and eliminate mistaken identity errors during background checks.

    Active vs Archived Criminal Cases in South Dakota

    Cases are usually categorized based on their current status and ease of accessibility. In South Dakota, a case can be either active, closed, or archived. A case is classified as active if it is presently ongoing. Active cases appear on current court calendars and can generally be accessed through the state's Unified Judicial System online portals or at the local courthouse where the case was filed.

    Archived cases, however, refer to closed cases whose records have been transferred to local or state archives for permanent preservation and storage. A written request is typically required to access archived records, which should be submitted to the appropriate archives office or the court clerk's office. A longer processing time may also apply.