South Dakota Public Records

South Dakota public records are documents that the state, counties, municipalities, political subdivisions, or tax-supported districts generate in the course of official function.

The accessibility of public records is a fundamental principle of South Dakota democracy. It is vital in ensuring transparency, promoting governmental accountability, and upholding individual rights. It also facilitates the electoral process, helps monitor public officials, assesses government functions, and prevents covert government actions.

According to South Dakota Legislature § 1-27-1.1, members of the public interested in public records have full authority and permission to review and copy them. Inquirers are free to take notes and create summaries from them unless the law explicitly prohibits disclosure of these records.

Are South Dakota Records Public?

Yes. Per the South Dakota Public Records Law, members of the public can examine public records by querying the appropriate custodian. Therefore, inquirers can request a Public Records Act online or in person. However, not all public records are open to inspection or copying by members of the public. Some examples of such records are:

Medical records
Juvenile records
Trade secrets
Attorney work products
Social security numbers
Emergency and disaster response information;
Employment applications and accompanying paperwork, except those filed by public body executives or policymakers;
Personal information in educational institution records that are maintained by a public entity, except for routine directory information.

South Dakota Public Records Act

The South Dakota Public Records Law was created in 1939. This law is codified from §1-27-1 to 1-27-1.23 in the South Dakota Legislature. The South Dakota Legislature § 1-27-1.1 defines public records as all records and documents maintained by a local or state public body. Some examples of records open to the public in South Dakota are:

Tax records
Court records and case information
Criminal and inmate records
Property records
Business records
Bankruptcy records
Arrest logs and warrants
Sex offender information

How Do I Find Public Records in South Dakota?

South Dakota public records are accessible through official government websites or by contacting specific departments directly. The following steps will be helpful for anyone interested in getting public records in South Dakota:

**Step 1: Determine the type of record needed and identify where to get it. **The initial step in obtaining a public record in South Dakota is identifying the record type and the agency responsible for maintaining them. For instance, requests for sex offender records should be directed to the Sex Offenders Registry, while information regarding inmates can be obtained from the South Dakota Department of Corrections.

Step 2: Determine the Record's Availability and the Agency's Access Requirements.

South Dakota record custodians typically provide instructions for retrieving or submitting public records requests. Most agencies have designated phone numbers or email addresses that can be used to make inquiries about a desired record. It is best practice to check with the records custodian to ensure the sought record is available because agencies are not required to generate or prepare records that do not exist at the time of a request.

Step 3: Prepare and Submit the Records Request: Most record custodians have online portals where requesters can request or view public records. Public records requests can also be made by phone, fax, email, mail, or in person. Alternatively, individuals can submit a formal Public Records Request Form to obtain copies of any record open to the public in South Dakota. Whatever the case, the requester will need to provide a docket, page, or case number with which to facilitate the search (depending on the record type). To further ease the search process, inquirers may need to provide the record holder's full name, birth date, and the location/district of the original filing (if applicable).

Step 4: Pay the Applicable Fees: Accessing public records may require payment of certain fees. Making official requests that take more than an hour to complete may result in an additional fee for the extra time spent by the staff to find, compile, or copy the public record. The custodian of records usually provides an estimate of the cost before processing the public records request. Sometimes, the fees are waived if the request is in the public interest.

Find South Dakota Public Records Free

Interested persons can access South Dakota public records for free in person or online. Some government agencies have public access terminals or online portals that anyone can use for free as long as the search fields are entered. Specifically, public records are free when accessed through the following custodians:

The South Dakota Brookings County Sheriff's Office provides access to warrant records for free through its Active Warrant List (Felonies and Misdemeanors);
The Pennington County Equalization Department maintains an online system where the public can view property records at no cost;
Interested persons can use the South Dakota Unified Judicial System's Public Access Record Search tool (PARS) to retrieve court records for free by logging in as a guest;
The South Dakota Department of Corrections has an Offender Locator and Sex Offenders Registry to find information regarding inmates and sex offenders in the state;
The South Dakota Secretary of State allows members of the public to view business records at no cost through its Business Information Search portal.

What Happens if I Am Refused a Public Records Request?

If a request for a public document is denied, the public record office will send the requester a letter outlining the reasons for the decision. Per South Dakota Legislature 1-27-1.4, all letters of denial of public records must be kept on file and made available to the public. After a denial, the requester has 90 days to either start a civil case by order or send the Office of Hearing Examiners a written notice of review.

How Long Does It Take to Obtain a South Dakota Public Record?

South Dakota allows record seekers to request public records through a Central Portal. Individuals must select the relevant agency for their inquiry and briefly describe the requested record(s) to avoid a delayed response. Most public bodies in South Dakota respond to requests within ten (10) business days.