Can felony convictions be expunged in South Dakota?

Generally, no. South Dakota does not have a general felony expungement statute. No felony conviction of any class can be expunged by court motion (expungement covers only arrest records). Suspended imposition of sentence is unavailable for felonies punishable by death or life imprisonment (Class A, B and C) and for rape under SDCL 22-22-1(2) or (3). However, felony records may be sealed through a suspended imposition of sentence (if granted at sentencing) or through a Governor's pardon. An exceptional pardon is available to first-time felony offenders 5 years after release.

How much does expungement cost in South Dakota?

The total court cost for a motion to expunge is $72 ($25 filing fee + $40 court automation surcharge + $7 law library fee). A personal/state-only criminal history check from the Division of Criminal Investigation costs $30. If you hire an attorney, fees typically range from $500 to $2,000. Pardon applications have no filing fee, though gathering required documents incurs costs. Fee waivers may be available for indigent petitioners.

Can a DUI be expunged in South Dakota?

No. A DUI under SDCL 32-23-1 is a Class 1 misdemeanor (first or second offense) or a felony, so it is not covered by South Dakota's automatic removal law (which applies only where a petty offense, municipal ordinance violation or Class 2 misdemeanor was the highest charge), and court expungement is limited to arrest records. At sentencing, a judge may grant a suspended imposition of sentence for a misdemeanor; if completed, the records are sealed. The only path to clearing a DUI conviction is through a Governor's pardon, which requires at least 1 year after conviction and a favorable recommendation from the Board of Pardons and Paroles.

What is the automatic expungement for Class 2 misdemeanors in South Dakota?

Under SDCL 23A-3-34, petty offenses, municipal ordinance violations, and Class 2 misdemeanors are automatically removed from a defendant's public record after 5 years (when one of them was the highest charged offense in the case), provided all court-ordered conditions and penalties have been satisfied and no additional convictions occurred during the waiting period. No petition is required for this automatic removal.

What is a suspended imposition of sentence in South Dakota?

A suspended imposition of sentence (SIS) allows the court to accept a guilty plea but withhold sentencing, placing the defendant on probation instead. Upon successful completion, the conviction is sealed and removed from the public record. Each person is limited to two SIS grants in their lifetime — one for a misdemeanor and one for a felony. It is entirely within the court's discretion.

How long does expungement take in South Dakota?

With an attorney, the process typically takes 1 to 3 months. Without one, expect 2 to 6 months depending on court scheduling and county. If the prosecuting attorney consents and all parties waive the hearing, the process can be completed faster. Automatic removal from the public record of Class 2 misdemeanor, petty offense and municipal ordinance cases under SDCL 23A-3-34 occurs after 5 years with no petition needed.

Do I have to be 75 years old to get a conviction expunged in South Dakota?

No. South Dakota has no age-75 petition for sealing convictions. SDCL 23-6-8.1 only lets the Bureau of Criminal Statistics director, at their discretion, destroy that bureau's records of people 75 or older with no violation in the last 10 years. You cannot apply to a court for this. However, there are other paths that do not require being 75: arrest records (no conviction) can be expunged after 1 year, Class 2 misdemeanor, petty offense and municipal ordinance cases are automatically removed from the public record after 5 years, suspended imposition of sentence seals records upon completion, and pardons are available at any age. The 75-year requirement is a last resort for convictions that do not fit other categories.

What happens to my record after expungement in South Dakota?

After expungement, all records are sealed from public view — they will not appear on standard background checks, and you can legally answer "no" when asked about the expunged arrest or conviction. However, the records are not physically destroyed. The Division of Criminal Investigation keeps a nonpublic record that law enforcement agencies, prosecuting attorneys and courts may use when sentencing for later offenses, and certain government agencies and licensing boards may retain access to records sealed through a suspended imposition of sentence.

South Dakota (SD) — Expungement & Record Clearing

South Dakota has very limited expungement options. If you were arrested but never convicted, you can file a motion to expunge the arrest record 1 year after arrest (if no charges were filed) or 1 year after the entire case is dismissed, or at any time after an acquittal. Court costs are $72. Cases where a Class 2 misdemeanor, petty offense, or municipal ordinance violation was the highest charge are automatically removed from the public record after 5 years, if all court-ordered conditions are met and there are no new convictions. For other convictions, options are narrow: a suspended imposition of sentence seals your record upon probation completion, and the Governor's pardon (available 1+ year after conviction) seals all related records. Felony convictions cannot be expunged by court motion; the only routes to sealing are a suspended imposition of sentence granted at sentencing (not available for felonies punishable by death or life imprisonment or certain rape offenses) or a Governor's pardon through the Board of Pardons and Paroles. Below is the full guide with eligibility, step-by-step process, costs, timeline, and FAQ.

Prepare questions about a record-clearing process

Last updated: 2026-10-12

Overview

South Dakota has very limited expungement options compared to most states. Under SDCL 23A-3-26, "expungement" means the sealing — not destruction — of all records. Arrest records may be expunged if charges were never filed, dismissed, or resulted in acquittal. For convictions, South Dakota has no court expungement. The only automatic relief is removal from the public record, after 5 years, of cases where a petty offense, municipal ordinance violation or Class 2 misdemeanor was the highest charge, if all court-ordered conditions are met and there are no new convictions (SDCL 23A-3-34). Felony convictions generally cannot be expunged but may be addressed through a Governor's pardon, exceptional pardon, or suspended imposition of sentence.

Official term: Expungement (SDCL 23A-3-26) — South Dakota defines "expungement" as the sealing of all records — it does not imply the physical destruction of records. Sealed records are hidden from public view and background checks but remain accessible to law enforcement with a court order.

What can be cleared in South Dakota, by record type

Checked against the statutes and official court or agency pages on 2026-10-12. Informational only, not legal advice — the exact offense, sentence, dates and later cases decide whether a particular record qualifies.

South Dakota uses "expungement" for court-ordered relief for arrest (non-conviction) records under SDCL 23A-3-26 to 23A-3-33; the statute defines it as the sealing of all records held by courts, jails, law enforcement, criminal justice agencies and the Department of Public Safety, and says it does not mean physical destruction. The court's own instructions state that a motion for expungement can only be made on a record of an arrest; there is no court expungement of adult convictions. Separately, SDCL 23A-3-34 uses different words: qualifying petty offense, municipal ordinance and Class 2 misdemeanor cases are "automatically removed from a defendant's public record". After a suspended imposition of sentence is discharged (SDCL 23A-27-17), and after a pardon granted through the statutory Board process (SDCL 24-14-11), records are "sealed". For juvenile delinquency records the term is "sealing" (SDCL 26-7A-115), and "expungement" for delinquency records of human-trafficking victims (SDCL 26-7A-115.1).

Sources: SDCL § 23A-3-26 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-26(1)); SD Unified Judicial System, Form UJS-390 Instructions and Checklist on Motion for Expungement (Form UJS-390 (Rev. 01/2025), Important Notices); SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34); 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); SDCL § 26-7A-115 (South Dakota Codified Laws, official LRC text) (SDCL § 26-7A-115); SDCL § 26-7A-115.1 (South Dakota Codified Laws, official LRC text) (SDCL § 26-7A-115.1)

Arrest or charge with no conviction

Generally availableSome automatic relief

Remedy: Expungement of arrest record by motion (SDCL 23A-3-27 to 23A-3-33); automatic expungement after completed diversion (SDCL 23A-3-35 to 23A-3-37)
Waiting period: 1 year after arrest if no charging document was filed; 1 year after the prosecutor formally dismisses the entire case (earlier only on a showing of compelling necessity); any time after an acquittal

A person who was arrested but not convicted can file a motion in the court that had (or would have had) jurisdiction: 1 year after the arrest if no charging document was filed, 1 year after the prosecutor formally dismissed the entire case (or within that year on a showing of compelling necessity), or any time after an acquittal. The prosecutor must be served at least 14 days before any hearing and may object; the hearing can be waived only if the person, prosecutor and victim all waive it. The judge may grant expungement only on clear and convincing evidence that it serves the ends of justice and the best interest of the public and the person. If a state's attorney places someone in diversion and they complete it without new charges (other than petty offenses or minor traffic citations) within 1 year and 30 days, the court must grant expungement without a motion once the dismissal and notice of completion are filed. Dismissed charges in a case whose highest charge was a petty offense, municipal ordinance violation or Class 2 misdemeanor are also automatically removed from the public record after 5 years under SDCL 23A-3-34.

Dismissal must be of the entire criminal case, formally on the record by the prosecuting attorney
Discretionary: clear and convincing evidence standard; prosecutor may contest
Diversion expungement lost if charged with a new crime (other than petty offenses or minor traffic citations) within 1 year and 30 days of completing diversion

Misdemeanor conviction

LimitedSome automatic relief

Remedy: Automatic removal from the public record (SDCL 23A-3-34) for petty offense, municipal ordinance violation and Class 2 misdemeanor cases; suspended imposition of sentence and sealing (SDCL 23A-27-12.2, 23A-27-14, 23A-27-17); pardon with sealing (SDCL 24-14-11)
Waiting period: 5 years (automatic) for cases where a petty offense, municipal ordinance violation or Class 2 misdemeanor was the highest charge; no waiting-period route for Class 1 misdemeanor convictions (pardon applications accepted 1 year after conviction)

There is no court expungement of misdemeanor convictions; the court motion covers only arrest records. If the highest charge in the case was a petty offense, municipal ordinance violation or Class 2 misdemeanor (maximum 30 days in jail and/or a $500 fine), the charges and conviction are automatically removed from the public record after 5 years, if all court-ordered conditions are satisfied and there are no new convictions in those 5 years. The court record stays available to court personnel or by court order, and can be used to enhance a later charge. Class 1 misdemeanor convictions have no automatic or petition route; at sentencing a judge may instead grant a suspended imposition of sentence (only one per lifetime for a misdemeanor). After discharge there is no adjudication of guilt and the court must order the records sealed. A pardon granted through the Board of Pardons and Paroles process also seals records; people can apply 1 year after conviction.

Cases where a Class 1 misdemeanor or felony was the highest charged offense (no automatic removal)
Any further conviction within the 5 years, or unsatisfied court-ordered conditions
Only one misdemeanor suspended imposition of sentence per lifetime

Sources: SD Unified Judicial System, Form UJS-390 Instructions and Checklist on Motion for Expungement (Form UJS-390 (Rev. 01/2025), Important Notices); 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 § 23A-27-12.2 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-27-12.2); SDCL § 23A-27-14 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-27-14); 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); SD Board of Pardons and Paroles / DOC Online Pardon Application FAQs (FAQ: When can I apply for a pardon?)

Felony conviction

Limited

Remedy: No conviction expungement; suspended imposition of sentence and sealing (SDCL 23A-27-13, 23A-27-14, 23A-27-17); pardon or exceptional pardon with sealing (SDCL 24-14-8, 24-14-11)
Waiting period: No expungement waiting period (not available). Pardon: application accepted 1 year after conviction; exceptional pardon: 5 years after release from a Department of Corrections facility, or 5 years after the offense date if no prison sentence

Felony convictions cannot be expunged by court motion, which covers only arrest records. At sentencing, a judge may grant a suspended imposition of sentence to a person never before convicted of a felony, for a felony not punishable by death or life imprisonment (Class A, B and C felonies carry death or life imprisonment) and not rape under SDCL 22-22-1(2) or (3); it is available only once per lifetime for a felony. After probation is completed and the person is discharged, there is no adjudication of guilt and the court must seal the records, though a nonpublic record is kept for sentencing later offenses and the suspended sentence counts as a prior conviction for sentencing and habitual-offender purposes. Otherwise, the only route is a Governor's pardon through the Board of Pardons and Paroles, which seals the records. An exceptional pardon is available to someone convicted of no more than one felony not punishable by life imprisonment, 5 years after release from prison (or 5 years after the offense if there was no prison sentence).

Suspended imposition unavailable for felonies punishable by death or life imprisonment
Suspended imposition unavailable for rape under SDCL 22-22-1(2) or (3)
Suspended imposition only for people never before convicted of a felony, and only once per lifetime
Exceptional pardon limited to one felony not punishable by life imprisonment

DUI / DWI conviction

Limited

Remedy: No DUI-specific relief; suspended imposition of sentence at sentencing (SDCL 23A-27-12.2 / 23A-27-13) or pardon (SDCL 24-14-11)
Waiting period: No single period — see the conditions below

DUI under SDCL 32-23-1 is a Class 1 misdemeanor for a first or second offense and a felony from the third offense, so it is outside the automatic removal law (which covers only cases whose highest charge was a petty offense, municipal ordinance violation or Class 2 misdemeanor), and court expungement covers only arrest records. The general suspended-imposition statutes apply on a guilty plea or verdict for a misdemeanor or a qualifying felony, at the judge's discretion. But a previous DUI conviction or guilty plea within 10 years still counts for second and later offenses, and a pardoned DUI still counts as a prior DUI conviction. A separate under-21 offense (driving with 0.02% alcohol or after drug use, SDCL 32-23-21) is a Class 2 misdemeanor, so a case where it was the highest charge falls under the 5-year automatic removal.

DUI under SDCL 32-23-1 (Class 1 misdemeanor or felony) is not covered by automatic removal
Prior DUI convictions or guilty pleas within 10 years count toward enhancement
Pardoned DUI still counts as a prior DUI conviction

Drug possession conviction

Limited

Remedy: No drug-specific record relief; suspended imposition of sentence and sealing (SDCL 23A-27-12.2 / 23A-27-13, 23A-27-17); automatic removal (SDCL 23A-3-34) only where a Class 2 misdemeanor such as paraphernalia was the highest charge; pardon
Waiting period: No single period — see the conditions below

Possessing a Schedule I or II controlled substance is a Class 5 felony and Schedule III or IV a Class 6 felony; possessing 2 ounces of marijuana or less is a Class 1 misdemeanor, and a first or second unauthorized-ingestion violation is a Class 1 misdemeanor. None of these can be expunged by court motion or are covered by automatic removal. Relief for them depends on a judge granting a suspended imposition of sentence at sentencing (records sealed after discharge) or a pardon. Possession of drug paraphernalia alone is a Class 2 misdemeanor, so a case where it was the highest charge is automatically removed from the public record after 5 years if conditions are met.

Controlled-substance possession (Class 5/6 felony) and marijuana possession up to 2 oz (Class 1 misdemeanor) are not covered by automatic removal
Felony suspended imposition only for first-time felony offenders, once per lifetime

Juvenile record

Generally available

Remedy: Sealing of juvenile court records (SDCL 26-7A-114, 26-7A-115, 26-7A-116); expungement for human-trafficking victims (SDCL 26-7A-115.1)
Waiting period: Petition: 1 year after unconditional release from the court's jurisdiction or discharge by the Department of Corrections, whichever is later (the court may also act on its own motion)

Juvenile adjudications are not convictions. Juvenile court cases are confidential and are not included in UJS public record searches, and the state repository (DCI) keeps records only of juveniles transferred to adult court. A delinquency case can be sealed by the court on its own motion or on a petition by the child or parents; a petition can be filed 1 year after the child's unconditional release from court jurisdiction or discharge by the Department of Corrections, whichever is later. After a hearing the court may seal its own records and other agencies' records if there has been no new delinquency adjudication, no felony, sexual contact, moral-turpitude misdemeanor or juvenile petition is pending, and the court finds the child rehabilitated. Children-in-need-of-supervision records can also be sealed. A trafficking victim may petition to expunge a delinquency record that resulted from the trafficking or sexual exploitation, which vacates the underlying delinquency proceeding.

New delinquency adjudication since release
Pending felony, sexual contact, moral-turpitude misdemeanor or juvenile proceeding
Court must find rehabilitation attained
Sealed records can still be opened for court use and for sentencing in later criminal cases

Sources: SDCL § 26-7A-105 (South Dakota Codified Laws, official LRC text) (SDCL § 26-7A-105); SD UJS, Cases and Records (Cases and Records page, introduction); SD Attorney General / Division of Criminal Investigation, Background Check FAQs (FAQ: Will juvenile delinquency incidents show up on the background check results?); SDCL § 26-7A-115 (South Dakota Codified Laws, official LRC text) (SDCL § 26-7A-115; SDCL § 26-7A-115(1); SDCL § 26-7A-115(2)-(3)); SDCL § 26-7A-116 (South Dakota Codified Laws, official LRC text) (SDCL § 26-7A-116); SDCL § 26-7A-114 (South Dakota Codified Laws, official LRC text) (SDCL § 26-7A-114); SDCL § 26-7A-115.1 (South Dakota Codified Laws, official LRC text) (SDCL § 26-7A-115.1)

Filing and processing fees

An arrest-record expungement motion costs the same as filing a civil action. The UJS court-costs schedule effective July 1, 2026 lists $72 in total for expungement ($25 filing fee, $40 court automation surcharge, $7 law library fee), and the UJS instructions say the fee is $72. A judge may waive the fee for someone who shows they are indigent and unable to pay. The automatic removal under SDCL 23A-3-34 requires no filing, and the Board of Pardons and Paroles charges no fee to apply for a pardon. To check records: a DCI personal/state-only fingerprint background check costs $30, a UJS PARS online search costs $20, and a record search at the local courthouse is free.

Sources: SDCL § 23A-3-28 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-28); SD UJS Schedule of Court Costs (Rev. July 1, 2026) (Civil Filings table, header; Civil Filings table, 'Expungement' row (filing fee, court automation surcharge, law library fee, total)); 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'); SDCL § 23A-3-34 (South Dakota Codified Laws, official LRC text) (SDCL § 23A-3-34); SD Board of Pardons and Paroles / DOC Online Pardon Application FAQs (FAQ: How do I apply for a pardon?; FAQ: How do I find out what's on my record?); SD Attorney General / DCI, Background Check Requirements (Online request steps, payment); SD UJS, Court Records Search (PARS) (Public Access Record Search (PARS))

How South Dakota's automatic Clean Slate relief works and how to check its status →

Routes and conditions to check

✓Arrest with no charges filed (1 year after arrest)
✓Charges formally dismissed by prosecutor (1 year after dismissal)
✓Acquittal at trial (immediately eligible)
✓Cases where a petty offense, municipal ordinance violation, or Class 2 misdemeanor was the highest charged offense: automatically removed from the public record after 5 years, if all court-ordered conditions are satisfied and there are no new convictions in those 5 years
✓Suspended imposition of sentence — record sealed upon successful completion of probation (SDCL 23A-27-13)
✓Records of incidents that are no longer crimes may be destroyed at the discretion of the Bureau of Criminal Statistics director (SDCL 23-6-8.1). This is not a court expungement and there is no petition process.
✓Bureau of Criminal Statistics records of people 75 or older with no violation in the last 10 years may be destroyed at the director's discretion (SDCL 23-6-8.1). This is not a court expungement and there is no petition process.
✓Deceased individuals (Director of Bureau of Criminal Statistics may order erasure)
✓Pardoned convictions (records sealed upon Governor's pardon)

Exclusions and limits to check

✗All felony convictions (court expungement covers only arrest records). Suspended imposition of sentence, which leads to sealing, is unavailable for felonies punishable by death or life imprisonment (Class A, B, C) and for rape under SDCL 22-22-1(2) or (3).
✗Felony sexual assault convictions
✗Offenses involving a minor victim
✗Crimes of moral turpitude
✗DUI under SDCL 32-23-1 (a Class 1 misdemeanor or felony, so not covered by automatic removal). Minor traffic cases where a petty offense or Class 2 misdemeanor was the highest charge are covered by SDCL 23A-3-34.
✗Most felony convictions (no general felony expungement statute exists)
✗Persons with pending charges or currently serving a sentence

Waiting Periods

Arrest with no charges filed	1 year after arrest
Charges dismissed by prosecutor	1 year after dismissal
Acquittal at trial	No waiting period
Dismissed charges (compelling necessity shown)	May petition within 1 year of dismissal
Class 2 misdemeanor / petty offense / municipal violation (automatic)	5 years, if all court-ordered conditions are satisfied and there are no new convictions within those 5 years
Suspended imposition of sentence	Upon successful completion of probation
Discretionary destruction of Bureau of Criminal Statistics records, age 75+ with no violation in the last 10 years (SDCL 23-6-8.1; not a court expungement and no petition process)	10 years with no new offenses
Governor's pardon application	1 year after conviction (minimum)
Exceptional pardon application	5 years after release or date of offense

Step-by-Step Process

Determine eligibility

Review whether your situation qualifies under SDCL 23A-3-27 (arrest records) or 23A-3-34 (automatic removal of minor offenses). Confirm you are not excluded by offense type. For convictions, assess whether a suspended imposition of sentence or pardon may be a better path.

Obtain your criminal history

Request a copy of your criminal record from the South Dakota Division of Criminal Investigation (DCI). The fee for a personal (state-only) check is $30; fingerprinting may cost extra. This helps identify the case number(s) and court(s) with jurisdiction.

Complete the required court forms

Use the SD UJS self-help Guide and File system or download forms directly: UJS-390 (instructions), UJS-232 (case filing statement), UJS-391 (motion for expungement), UJS-392 (hearing waiver), UJS-393 (notice of hearing), UJS-394 (court order), and UJS-395 (notice of entry).

File the motion with the Clerk of Court

File your motion for expungement with the Clerk of Court that had, or would have had, jurisdiction over the criminal case. Pay the $72 filing fee.

Serve the prosecuting attorney

Under SDCL 23A-3-28, you must serve a copy of the motion on the prosecuting attorney's office at least 14 days before the hearing date.

Attend the hearing (or waive)

The court will hold a hearing unless all parties consent to waive it (form UJS-392). The judge considers whether expungement serves the "ends of justice and the best interest of the public as well as the defendant" (SDCL 23A-3-30).

Receive the court order

If granted, the court enters an order of expungement and sends a disposition record to the Division of Criminal Investigation. All records are sealed from public access. If denied, you may refile at a later date.

Automatic Record Removal (SDCL 23A-3-34) & Suspended Imposition

Under SDCL 23A-3-34, certain minor offenses (cases where a petty offense, municipal ordinance violation or Class 2 misdemeanor was the highest charge) are automatically removed from a defendant's public record after 5 years, provided all court-ordered conditions have been satisfied and no additional convictions occurred during the waiting period. Additionally, records are sealed upon successful completion of a suspended imposition of sentence.

Scenario	Timing and conditions
Petty offense — all conditions satisfied, no new convictions	Automatically removed from the public record after 5 years
Municipal ordinance violation — all conditions satisfied, no new convictions	Automatically removed from the public record after 5 years
Class 2 misdemeanor — all conditions satisfied, no new convictions	Automatically removed from the public record after 5 years
Suspended imposition of sentence (misdemeanor)	Sealed upon successful completion of sentence conditions
Suspended imposition of sentence (felony)	Sealed upon successful completion of probation
Governor's pardon granted	Records sealed upon granting of pardon

Costs

Filing fee: $72 total ($25 filing fee + $40 court automation surcharge + $7 law library fee, per the UJS schedule effective July 1, 2026); the court may waive it if you show you are indigent
Fee waiver: Fee waivers may be available for indigent petitioners — ask the Clerk of Court
Attorney (optional): $500–$2,000 typical range (optional but recommended for complex cases)

A personal/state-only criminal history check from DCI costs $30 (fingerprinting fees may be extra). A UJS PARS court record search costs $20, and a record search at the local courthouse is free. Pardon applications have no filing fee, though document gathering incurs costs.

Timeline

With attorney: 1–3 months
Standard: 2–6 months

Timelines vary significantly by county and court scheduling. If the prosecuting attorney consents and a hearing is waived, the process can be faster.

Effects of the relief

✓Seals all records from public access — arrest, detention, trial, and disposition records
✓Sealed records do not appear on standard background checks
✓Restores the person to the status occupied before the arrest or conviction
✓Allows the individual to legally answer "no" when asked about the expunged arrest or conviction
✓Only the record custodian can see sealed records; others need a court order

Limits of the relief

✗Does NOT physically destroy the records — they are sealed, not deleted
✗Does NOT apply to felony convictions (except through pardon or suspended imposition)
✗Does NOT expunge DUI/DWI or motor vehicle offense convictions
✗Does NOT prevent law enforcement from accessing sealed records with a court order
✗Does NOT restore gun rights (a pardon or separate court action may be required)
✗Pardoned offenses still count as prior convictions for sentencing enhancement purposes
✗Government agencies and licensing boards may still view records sealed via suspended imposition

Other Relief Options in South Dakota

Suspended Imposition of Sentence (SDCL 23A-27-13)

The court withholds sentencing and places the defendant on probation. Upon successful completion, the guilty plea is withdrawn and the record is sealed. Limited to a maximum of two per person (one misdemeanor, one felony). The court has full discretion to grant or deny.

Governor's Pardon (SDCL 24-14)

Available 1 year after conviction. The Governor may pardon upon favorable recommendation from the Board of Pardons and Paroles. Upon pardon, all official records are sealed. No application fee. All fines, costs, and restitution must be paid first.

Exceptional Pardon (SDCL 24-14-8)

Available 5 years after release from a DOC facility (or 5 years after date of offense if no prison sentence). Restricted to first-time felony offenders whose offense was not punishable by life imprisonment. Excused from newspaper publication requirement.

Frequently Asked Questions

Can felony convictions be expunged in South Dakota?: Generally, no. South Dakota does not have a general felony expungement statute. No felony conviction of any class can be expunged by court motion (expungement covers only arrest records). Suspended imposition of sentence is unavailable for felonies punishable by death or life imprisonment (Class A, B and C) and for rape under SDCL 22-22-1(2) or (3). However, felony records may be sealed through a suspended imposition of sentence (if granted at sentencing) or through a Governor's pardon. An exceptional pardon is available to first-time felony offenders 5 years after release.
How much does expungement cost in South Dakota?: The total court cost for a motion to expunge is $72 ($25 filing fee + $40 court automation surcharge + $7 law library fee). A personal/state-only criminal history check from the Division of Criminal Investigation costs $30. If you hire an attorney, fees typically range from $500 to $2,000. Pardon applications have no filing fee, though gathering required documents incurs costs. Fee waivers may be available for indigent petitioners.
Can a DUI be expunged in South Dakota?: No. A DUI under SDCL 32-23-1 is a Class 1 misdemeanor (first or second offense) or a felony, so it is not covered by South Dakota's automatic removal law (which applies only where a petty offense, municipal ordinance violation or Class 2 misdemeanor was the highest charge), and court expungement is limited to arrest records. At sentencing, a judge may grant a suspended imposition of sentence for a misdemeanor; if completed, the records are sealed. The only path to clearing a DUI conviction is through a Governor's pardon, which requires at least 1 year after conviction and a favorable recommendation from the Board of Pardons and Paroles.
What is the automatic expungement for Class 2 misdemeanors in South Dakota?: Under SDCL 23A-3-34, petty offenses, municipal ordinance violations, and Class 2 misdemeanors are automatically removed from a defendant's public record after 5 years (when one of them was the highest charged offense in the case), provided all court-ordered conditions and penalties have been satisfied and no additional convictions occurred during the waiting period. No petition is required for this automatic removal.
What is a suspended imposition of sentence in South Dakota?: A suspended imposition of sentence (SIS) allows the court to accept a guilty plea but withhold sentencing, placing the defendant on probation instead. Upon successful completion, the conviction is sealed and removed from the public record. Each person is limited to two SIS grants in their lifetime — one for a misdemeanor and one for a felony. It is entirely within the court's discretion.
How long does expungement take in South Dakota?: With an attorney, the process typically takes 1 to 3 months. Without one, expect 2 to 6 months depending on court scheduling and county. If the prosecuting attorney consents and all parties waive the hearing, the process can be completed faster. Automatic removal from the public record of Class 2 misdemeanor, petty offense and municipal ordinance cases under SDCL 23A-3-34 occurs after 5 years with no petition needed.
Do I have to be 75 years old to get a conviction expunged in South Dakota?: No. South Dakota has no age-75 petition for sealing convictions. SDCL 23-6-8.1 only lets the Bureau of Criminal Statistics director, at their discretion, destroy that bureau's records of people 75 or older with no violation in the last 10 years. You cannot apply to a court for this. However, there are other paths that do not require being 75: arrest records (no conviction) can be expunged after 1 year, Class 2 misdemeanor, petty offense and municipal ordinance cases are automatically removed from the public record after 5 years, suspended imposition of sentence seals records upon completion, and pardons are available at any age. The 75-year requirement is a last resort for convictions that do not fit other categories.
What happens to my record after expungement in South Dakota?: After expungement, all records are sealed from public view — they will not appear on standard background checks, and you can legally answer "no" when asked about the expunged arrest or conviction. However, the records are not physically destroyed. The Division of Criminal Investigation keeps a nonpublic record that law enforcement agencies, prosecuting attorneys and courts may use when sentencing for later offenses, and certain government agencies and licensing boards may retain access to records sealed through a suspended imposition of sentence.

Take Action — Direct Links

Expungement Forms and Guide & File System
South Dakota UJS self-help page with expungement forms (UJS-390 through UJS-395) and the free Guide and File system that generates completed forms by answering interview questions.
Request Your Criminal History Record (SD DCI)
South Dakota Attorney General's DCI background check request page. Personal/state-only checks cost $30 and require fingerprinting. Call (605) 773-3331 for assistance.
Apply for Free Legal Help (SD Law Help)
SD Law Help connects you to free legal aid from East River Legal Services (eastern SD), Dakota Plains Legal Services (western SD and Tribal lands), and Access to Justice (statewide).
South Dakota UJS Self-Help Center
South Dakota Unified Judicial System self-help center with legal form help line (1-855-784-0004), Guide and File system, and resources for representing yourself in expungement proceedings.
SDCL 23A-3 — Full Statute Text (Expungement)
Official full text of South Dakota's expungement statutes (SDCL 23A-3-26 through 23A-3-37) on the South Dakota Legislature website.