Expunging a Criminal Record in South Dakota (2026)
Reviewed by DocDraft Legal Team · South Dakota · Last updated August 19, 2026
South Dakota does not have a broad statute that expunges completed adult convictions, so it is important to understand the narrow relief the state actually offers. The main tool is sealing an arrest record under SDCL 23A-3-27 when the arrest did not lead to a conviction, or ended in acquittal or dismissal. A person who successfully completes a suspended imposition of sentence is discharged without a judgment of conviction and can have those records sealed under SDCL 23A-27-14 and 23A-27-17. Beyond that, a Governor's pardon is the primary path for a standing conviction. South Dakota has no automatic 'clean slate' sealing law, so eligible relief must be requested from the court.
Find out where you stand in South Dakota
What are you trying to clear?
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What record-clearing relief does South Dakota offer, and what is it called?
South Dakota calls it sealing, not expungement. Under SDCL 23A-3-27 a court can seal an arrest record when the arrest did not lead to conviction. A discharged suspended imposition of sentence can also be sealed under SDCL 23A-27-17. A pardon is the other main path.
What is eligible to be sealed in South Dakota, and what is the waiting period?
Arrests with no conviction are eligible under SDCL 23A-3-27: one year after arrest if no charge was filed, one year after a dismissal, or any time after acquittal. A suspended imposition of sentence can be sealed after you complete probation and the case is discharged without a judgment.
Can you expunge or seal a felony conviction in South Dakota?
Generally no. South Dakota has no broad statute to expunge a completed felony or misdemeanor conviction. The main exception is a felony handled as a suspended imposition of sentence: on successful discharge under SDCL 23A-27-14 no conviction is entered and the record can be sealed. Otherwise a Governor's pardon is the route.
Does South Dakota have an automatic 'clean slate' sealing law?
No. South Dakota has not enacted automatic 'clean slate' sealing, so no records are cleared automatically. Every form of relief, whether sealing an arrest under SDCL 23A-3-27, sealing a discharged suspended sentence, or a pardon, must be requested. Eligible records stay visible until a court or the Governor acts.
Who is eligible to seal a record in South Dakota?
Eligibility in South Dakota is narrow. You can seek to seal an arrest under SDCL 23A-3-27 if it did not result in a conviction: one year after arrest with no charge, one year after dismissal, or any time after acquittal. If you completed a suspended imposition of sentence and were discharged with no judgment entered under SDCL 23A-27-14, those records may be sealed under 23A-27-17. Standing convictions are not eligible and generally require a Governor's pardon.
South Dakota's Narrow Relief: Arrest Sealing, Discharged Suspended Sentences, and Pardons
South Dakota is one of the states with no general expungement of completed adult convictions, so the honest starting point is that most South Dakota convictions cannot be cleared. The state's term for the relief it does offer is sealing. Under SDCL 23A-3-27 the circuit court can seal an arrest record when the arrest did not result in a conviction: a person may petition one year after an arrest if no accusatory instrument was filed, one year after the prosecutor formally dismisses the case, or at any time after an acquittal. A separate path runs through the suspended imposition of sentence: if the court suspended imposition and placed you on probation under SDCL 23A-27-13, and you complete all conditions, you are discharged and dismissed with no judgment of conviction entered under SDCL 23A-27-14, and those records can be sealed under SDCL 23A-27-17, restoring you to your pre-arrest status. Serious and violent offenses, sex offenses, and most standing convictions fall outside this relief; for a conviction that remains on your record, a pardon from the Governor through the Board of Pardons and Paroles is the primary option. South Dakota has no automatic 'clean slate' sealing, so nothing clears on its own. Petitions are filed in the South Dakota circuit court where the case arose, and the state criminal history repository is the Division of Criminal Investigation (DCI) within the Attorney General's office, which updates the record.
Relevant Laws
Sealing of Arrest Records Not Resulting in Conviction (SDCL 23A-3-27)
Authorizes a court to seal an arrest record where the arrest did not result in a conviction. A petition may be filed one year after an arrest if no accusatory instrument was filed, one year after the prosecutor formally dismisses the case, or at any time after an acquittal, restoring pre-arrest status.
Discharge on a Suspended Imposition of Sentence (SDCL 23A-27-14 and 23A-27-17)
On successful completion of a suspended imposition of sentence, the defendant is discharged and dismissed with no judgment of conviction entered under 23A-27-14, and those records may be sealed under 23A-27-17, restoring the person to pre-arrest status for most purposes.
No Automatic Clean Slate Relief in South Dakota (Petition and Pardon Only)
South Dakota has not enacted automatic 'clean slate' sealing. No records clear on their own. Eligible arrest sealing and discharged suspended sentences must be requested from the circuit court, and a standing conviction generally requires a Governor's pardon.
No General Federal Expungement of State Records
There is no general federal law that expunges a South Dakota state conviction; record clearing is set by South Dakota law. Because South Dakota lacks a broad conviction-expungement statute, most completed South Dakota convictions cannot be cleared other than by a pardon.
Regional Variances
South Dakota Record-Clearing Eligibility Table
Relief type and name
South Dakota calls the relief sealing, not expungement. The two statutory paths are sealing an arrest that did not lead to conviction under SDCL 23A-3-27 and sealing the records of a discharged suspended imposition of sentence under SDCL 23A-27-17. A Governor's pardon is the separate remedy for a standing conviction.
Eligible records and waiting period
Under SDCL 23A-3-27: one year after an arrest if no accusatory instrument was filed, one year after the prosecutor formally dismisses the case, or any time after an acquittal. A suspended imposition of sentence is eligible to be sealed once probation is completed and the case is discharged with no judgment entered under SDCL 23A-27-14.
Excluded offenses
Standing adult convictions are excluded because South Dakota has no broad conviction-expungement statute. Serious and violent offenses, sex offenses, and DUIs that ended in a final conviction generally cannot be sealed. For those records, relief is limited to a Governor's pardon through the Board of Pardons and Paroles.
Clean-slate status and repository
South Dakota has no automatic 'clean slate' sealing, so nothing clears without a petition or pardon. Petitions are filed in the South Dakota circuit court for the county where the case arose, and the state criminal history repository is the Division of Criminal Investigation (DCI) in the Attorney General's office.
Suggested Compliance Checklist
Confirm your South Dakota record fits an eligible category
Before you file anything days after startingBecause South Dakota has no broad conviction expungement, verify your record is an arrest without conviction under SDCL 23A-3-27 or a discharged suspended imposition of sentence under SDCL 23A-27-14 and 23A-27-17. Confirm the waiting period has passed. A standing conviction is not eligible and generally needs a Governor's pardon.
Obtain your criminal history from the state repository
Before preparing the petition days after startingRequest your criminal history from the South Dakota Division of Criminal Investigation (DCI) in the Attorney General's office and verify the disposition of each arrest and case. Accurate dispositions, such as no charge filed, dismissal, acquittal, or discharge of a suspended sentence, determine your eligibility to seal.
Prepare the correct petition or motion to seal
After confirming eligibility days after startingDraft a petition to seal under SDCL 23A-3-27 for an arrest without conviction, or a motion citing SDCL 23A-27-14 and 23A-27-17 for a discharged suspended imposition of sentence. Use the South Dakota Unified Judicial System self-help resources and confirm the filing format with the clerk of courts in the correct circuit.
File in the correct circuit court and serve the state's attorney
When the petition is ready days after startingFile in the South Dakota circuit court for the county where the case arose, pay the filing fee or request a fee waiver, and serve the state's attorney who handled the case. Be prepared for a possible hearing, since sealing under SDCL 23A-3-27 can be discretionary. Obtain a certified copy of any signed order.
Update the state repository and confirm what remains visible
After the order is signed days after startingProvide a certified copy of the sealing order to the Division of Criminal Investigation and confirm the record is updated. Remember that sealing is not destruction, so law enforcement, courts, and some licensing or immigration authorities may still see it. An attorney can help if your matter is contested or complex.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Confirm your South Dakota record fits an eligible category | Because South Dakota has no broad conviction expungement, verify your record is an arrest without conviction under SDCL 23A-3-27 or a discharged suspended imposition of sentence under SDCL 23A-27-14 and 23A-27-17. Confirm the waiting period has passed. A standing conviction is not eligible and generally needs a Governor's pardon. | - | Before you file anything |
| Obtain your criminal history from the state repository | Request your criminal history from the South Dakota Division of Criminal Investigation (DCI) in the Attorney General's office and verify the disposition of each arrest and case. Accurate dispositions, such as no charge filed, dismissal, acquittal, or discharge of a suspended sentence, determine your eligibility to seal. | - | Before preparing the petition |
| Prepare the correct petition or motion to seal | Draft a petition to seal under SDCL 23A-3-27 for an arrest without conviction, or a motion citing SDCL 23A-27-14 and 23A-27-17 for a discharged suspended imposition of sentence. Use the South Dakota Unified Judicial System self-help resources and confirm the filing format with the clerk of courts in the correct circuit. | - | After confirming eligibility |
| File in the correct circuit court and serve the state's attorney | File in the South Dakota circuit court for the county where the case arose, pay the filing fee or request a fee waiver, and serve the state's attorney who handled the case. Be prepared for a possible hearing, since sealing under SDCL 23A-3-27 can be discretionary. Obtain a certified copy of any signed order. | - | When the petition is ready |
| Update the state repository and confirm what remains visible | Provide a certified copy of the sealing order to the Division of Criminal Investigation and confirm the record is updated. Remember that sealing is not destruction, so law enforcement, courts, and some licensing or immigration authorities may still see it. An attorney can help if your matter is contested or complex. | - | After the order is signed |
Frequently Asked Questions
You should budget for the South Dakota circuit court civil filing fee plus the cost of obtaining your criminal history from the Division of Criminal Investigation. Fees are set by the clerk of courts and can change, so confirm the current amount. If you cannot afford the fee, ask the clerk about a fee waiver, known as proceeding in forma pauperis.
Timing varies by circuit and by whether the prosecutor objects or the court sets a hearing. After you file a petition to seal under SDCL 23A-3-27 and serve the state's attorney, an uncontested matter may resolve in a few weeks to a few months. Contested requests or a crowded court calendar can take longer before an order is signed.
Sometimes yes. Sealing under South Dakota law restores you to pre-arrest status for most public purposes, and you generally do not have to disclose a sealed arrest. But sealing is not physical destruction, and law enforcement, the courts, and certain licensing, professional, or immigration authorities may still access the record under specific legal authority.
For a properly sealed arrest under SDCL 23A-3-27 or a discharged suspended imposition of sentence sealed under 23A-27-17, South Dakota law restores your pre-arrest status, so you generally need not disclose that arrest or charge to an ordinary employer. Some regulated positions, such as law enforcement or licensed roles, may still require disclosure, so read the question carefully.
Usually not through sealing. South Dakota has no general statute to expunge a final DUI or other completed conviction. Relief is limited to arrests that did not lead to conviction and to suspended impositions of sentence that were discharged without a judgment. For a standing conviction, the main option is a pardon from the Governor through the Board of Pardons and Paroles.
Other South Dakota guides
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