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South Dakota Pardon & Clemency — How to Apply

South Dakota pardons are granted by the Governor with recommendations from the Board of Pardons and Paroles. Pardons are relatively rare in South Dakota.

Last updated: 2026-03-28. This is informational only, not legal advice.

Who Grants Pardons

Authority: Governor

The Governor of South Dakota has clemency power. The Board of Pardons and Paroles reviews applications and makes recommendations.

Types of Clemency Available

Full Pardon

Forgives the conviction and restores civil rights.

Commutation

Reduction of sentence.

Eligibility Requirements

Waiting period: Must have completed sentence. No specific statutory waiting period.

Clean record required: Yes — Must demonstrate rehabilitation and a clean record.

Other requirements:
  • Must have completed all terms of the sentence
  • Must demonstrate rehabilitation

How to Apply — Step by Step

  1. Submit a pardon application to the South Dakota Board of Pardons and Paroles.
  2. Complete the application with conviction details and rehabilitation evidence.
  3. The Board investigates and may schedule a hearing.
  4. The Board makes a recommendation to the Governor.
  5. The Governor makes the final decision.

What a Pardon Does & Doesn't Do

Gun Rights

A pardon can restore state firearm rights. Federal restrictions may still apply.

Voting Rights

South Dakota restores voting rights upon completion of sentence. A pardon is not needed.

Effect on Criminal Record

A pardon does not automatically expunge the record.

Employment

A pardon can help with employment and licensing.

Processing Time & Likelihood

Average processing time: 6 to 12 months

Pardon rate: Low

Cost: Free — no filing fee

Pardon vs. Expungement in South Dakota

South Dakota has limited expungement options. A pardon may be the primary option for conviction relief.

See the full South Dakotaexpungement guide →

Official Resources

Frequently Asked Questions

How do I apply for a pardon in South Dakota?
Submit an application to the Board of Pardons and Paroles. The Board investigates and recommends to the Governor.
Does a pardon expunge my record in South Dakota?
No. A pardon does not expunge your criminal record.
Can I vote after a felony in South Dakota?
Yes — voting rights are restored upon completion of your sentence, including probation/parole.

Related South Dakota Pages

Related Resources on This Site

Disclaimer: This is informational only, not legal advice. Pardon and clemency laws change frequently. Consult a qualified attorney in South Dakota for advice about your specific situation.
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