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South Dakota Clean Slate Law: Automatic Public-Record Removal (2026)

SDCL § 23A-3-34: automatic removal from the public record of petty offense, municipal ordinance violation and Class 2 misdemeanor cases (2016 SB 97, SL 2016 ch 134; amended by 2021 SB 174, SL 2021 ch 106). This is a narrow automatic public-record removal, not a general Clean Slate sealing law.

Last updated: (official sources checked)In effect — no official implementation report

Quick Answer

South Dakota has a narrow automatic rule, not a full Clean Slate law: under SDCL 23A-3-34, a case whose most serious charge was a petty offense, a municipal ordinance violation or a Class 2 misdemeanor is removed from your public record 5 years later, if you met all court-ordered conditions and were not convicted of another offense in that time. No petition is needed.

It does not cover Class 1 misdemeanors (including first and second DUI) or felonies, and the record is not destroyed — courts can still see it and use it for later charges. The statute names no agency or process, and no official report describes how removal is carried out, so check the court's public record search to confirm.

Is it operating yet?

As of 2026-10-12 the statute is in force in its 2021 form and says removal is automatic, with no petition required. It does not name an agency or set a process, and no official UJS or Attorney General/DCI page describing how or when removal is done was found. The DCI fingerprint criminal history ("rap sheet") is already exempt from public disclosure under SDCL 23-5-11, so the official sources reviewed do not say whether DCI checks reflect the removal.

Sources: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34); SDCL § 23-5-11 (South Dakota Codified Laws, official LRC text) (SDCL § 23-5-11)

The law

Enacted by 2016 Senate Bill 97 (SL 2016, ch 134) with a 10-year wait. Amended by 2021 Senate Bill 174 (SL 2021, ch 106), which cut the wait to 5 years, added the condition of no further convictions in those 5 years, and allowed use of the record for enhancement. Neither entry in the codified source note lists a special effective date, and under SDCL 2-14-16 a regular-session act with no stated effective date takes effect July 1 after passage, so the 5-year version applies from July 1, 2021.

Sources: 2016 Senate Bill 97, enrolled text (SL 2016, ch 134) (Title and Section 1; Section 1); 2021 Senate Bill 174, enrolled text (SL 2021, ch 106) (Title; Section 1 (amending § 23A-3-34)); SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34, source note); SDCL § 2-14-16 (South Dakota Codified Laws, official LRC text) (SDCL § 2-14-16)

What automatic public-record removal does

Five years after a qualifying case, any charge or conviction in that case is automatically removed from the defendant's "public record" if all court-ordered conditions have been met and there were no further convictions. The statute does not call this expungement or sealing and does not define "public record". The 2016 act's title described it as removal from "background check records". The case record is not destroyed: it stays available to court personnel or by court order, and can be used to enhance the charge if the person is prosecuted again.

Source: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34)

Records covered and waiting periods

Class 2 misdemeanor cases (charges and convictions), where the Class 2 misdemeanor was the highest charged offense (Class 2 = up to 30 days jail and/or $500 fine; e.g., possession of drug paraphernalia, under-21 drinking/drug-use driving)

Waiting period
5 years
Conditions
All court-ordered conditions on the case satisfied; no conviction of any further offense within those 5 years

Sources: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34); SDCL § 22-6-2 (South Dakota Codified Laws, official LRC text) (SDCL § 22-6-2(2)); SDCL § 22-42A-3 (South Dakota Codified Laws, official LRC text) (SDCL § 22-42A-3); SDCL § 32-23-21 (South Dakota Codified Laws, official LRC text) (SDCL § 32-23-21)

Petty offense cases (charges and convictions), where a petty offense was the highest charged offense

Waiting period
5 years
Conditions
All court-ordered conditions on the case satisfied; no conviction of any further offense within those 5 years

Source: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34)

Municipal ordinance violation cases (charges and convictions), where an ordinance violation was the highest charged offense

Waiting period
5 years
Conditions
All court-ordered conditions on the case satisfied; no conviction of any further offense within those 5 years

Source: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34)

Not cleared automatically

How to check whether your record was cleared

Who can still see a cleared record

If automatic relief does not cover your record

Automatic removal does not cover convictions where the highest charge was a Class 1 misdemeanor or felony. For non-conviction records (no charges after 1 year, dismissal of the entire case, acquittal), file a motion to expunge the arrest record under SDCL 23A-3-27 ($72; the fee can be waived for indigence). For convictions, the only other routes are a suspended imposition of sentence granted at sentencing (records sealed after discharge) or a Governor's pardon through the Board of Pardons and Paroles (records sealed).

Sources: SDCL § 23A-3-27 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-27(1)-(3)); SD Unified Judicial System, Form UJS-390 Instructions and Checklist on Motion for Expungement (Form UJS-390, step 3 of 'To file a Motion for Expungement'; Form UJS-390 (Rev. 01/2025), Important Notices); SDCL § 23A-3-28 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-28); SDCL § 23A-27-17 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-27-17); SDCL § 24-14-11 (South Dakota Codified Laws, official LRC text) (SDCL § 24-14-11)

South Dakotaexpungement and sealing guide — every route by record type →

Official links

Frequently Asked Questions

Do I have to file anything to get a Class 2 misdemeanor or petty offense removed?
No. SDCL 23A-3-34 says qualifying charges and convictions "shall be automatically removed" from the public record after 5 years, as long as all court-ordered conditions are met and there are no new convictions. The statute does not require any application.

Source: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34)

Does this cover a first-offense DUI or other Class 1 misdemeanor?
No. It covers only cases whose highest charged offense was a petty offense, municipal ordinance violation or Class 2 misdemeanor. A first or second DUI is a Class 1 misdemeanor.

Sources: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34); SDCL § 32-23-2 (South Dakota Codified Laws, official LRC text) (SDCL § 32-23-2); SDCL § 32-23-3 (South Dakota Codified Laws, official LRC text) (SDCL § 32-23-3)

Is the record destroyed or sealed?
Neither, exactly. The statute removes it from the "public record" but says the case record stays available to court personnel or by court order, and may be used to enhance the charge in a later prosecution.

Source: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34)

What happens if I am convicted of something else during the 5 years?
Automatic removal requires that you were not convicted of any further offense within those 5 years. The statute does not say whether a new 5-year period then begins.

Source: SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34)

I read that the wait is 10 years. Is that right?
No longer. The 2016 law set 10 years; 2021 Senate Bill 174 cut it to 5 years and added the no-new-conviction condition.

Sources: 2016 Senate Bill 97, enrolled text (SL 2016, ch 134) (Section 1); 2021 Senate Bill 174, enrolled text (SL 2021, ch 106) (Section 1 (amending § 23A-3-34))

How can I check whether my case was removed?
You can run a UJS PARS search on yourself ($20) or ask for a free record search at your local courthouse. A DCI fingerprint check of your own record costs $30.

Sources: SD UJS, Court Records Search (PARS) (Public Access Record Search (PARS)); SD Board of Pardons and Paroles / DOC Online Pardon Application FAQs (FAQ: How do I find out what's on my record?); SD Attorney General / DCI, Background Check Requirements (Online request steps, payment)

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This is informational only, not legal advice. Whether a particular record qualifies depends on the exact offense, sentence, dates and later cases. Confirm with the court, the state records agency or a legal aid office before relying on a record being cleared.

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