What crimes can be expunged in South Dakota?

In South Dakota, most misdemeanors and many felonies can be expunged after the required waiting period. However, certain serious offenses like violent crimes and sex offenses are typically ineligible.

How long is the waiting period for expungement in South Dakota?

Waiting periods in South Dakota vary by offense type. Arrests typically require 1 year, misdemeanors 3-5 years, and felonies 5-10 years from sentence completion.

Can I expunge a felony in South Dakota?

Many felonies can be expunged in South Dakota, but eligibility depends on the specific offense and classification. Class A felonies and certain violent or sexual offenses are generally ineligible.

Will expungement remove my record from background checks?

Yes, once expunged, the record should not appear on most background checks. However, some government agencies and law enforcement may still have access for specific purposes.

← All States|South Dakota

Home/South Dakota/Criminal

Criminal Record Expungement

South DakotaCriminal Expungement

Learn how to clear arrests and convictions from your criminal record in South Dakota.

At a Glance

Fee Waiver AvailableYou may qualify for free filing

Or $65 filing fee if you don't qualify

NoClean Slate State

Check Eligibility →

Legal Terminology in South Dakota

Expungement

expungement

Sealing

sealing

Eligibility Requirements

General requirements for criminal record expungement in South Dakota.

Generally Eligible

Arrests resulting in acquittal

Arrests where charges were dismissed

Arrests where no charges were filed

Generally Not Eligible

Permanently Ineligible

Waiting Periods

Acquittal/DismissalImmediate

Waiting periods typically start from completion of sentence, including probation.

Costs & Fee Waivers

Don't let cost be a barrier. Most people qualify for free filing.

Filing Costs

Recommended

Option 1: Fee Waiver

$0 — File for free

If you have limited income, you likely qualify to file without paying any fees.

Option 2: Pay Filing Fee

$65

If you don't qualify for a fee waiver, you'll need to pay the filing fee.

Don't let filing fees stop you. Most people who apply for fee waivers are approved.

The Process

Verify Eligibility

Confirm your conviction qualifies for expungement

Legal Resources

South Dakota Unified Judicial System - Expungement Forms

Official forms: UJS-390 (Petition), UJS-391 (Affidavit), UJS-392 (Order), UJS-393 (Notice), UJS-394 (Instructions), UJS-395 (Confidential Info)

Guide and File - SD Courts

South Dakota's online form preparation system - helps complete expungement forms step by step

Legal Authority

SDCL 23A-3-27

Expungement of Criminal Records

View source →

SDCL 23A-3-28 to 23A-3-35

Expungement Procedures

Eligibility Timeline Calculator

Find out exactly when you can file for expungement

What was the outcome of your case?

Date DA Declined to File

📋 My Cases

Track your expungement progress across multiple cases

No Cases Yet

Add your first case to start tracking your expungement progress

📄 Generate Your Forms

After adding your case information above, use this tool to automatically generate your personalized expungement forms:

💡 Add a case above to generate your expungement forms.

Need More Help?

Consider consulting with a legal aid organization or attorney for personalized guidance.

← Back to South Dakota Eviction Records →

Disclaimer: This information is for educational purposes only and does not constitute legal advice. Laws change frequently. Consult a qualified attorney for advice about your specific situation.