South Dakota Arrest Records

South Dakota arrest records are official documents that provide details of a person's apprehension within the state's jurisdiction. These records are generated by arresting agencies to track criminal activities, prosecute crimes, and protect the public from dangerous individuals.

Arrest records contain information about an arrest, such as the date, time, and arrest location, as well as the reason for the arrest. They also include the arrestee's personal information, such as their full name, sex, age, and race.

The South Dakota Division of Criminal Investigation (DCI) maintains arrest records for crimes committed at the state level. Local sheriff's offices are responsible for maintaining arrest records for crimes committed at the county level.

Are Arrest Records Public in South Dakota?

Yes. Per South Dakota Public Records Law, arrest records are generally available for public access. However, certain information may be deemed confidential and inaccessible to the general public. The following arrest information is typically exempt from public disclosure:

• Juvenile arrest records;
• Sealed or expunged arrest records;
• Arrest records restricted by court order;
• Arrest records that are part of an ongoing law enforcement investigation;
• Arrest records whose disclosure may jeopardize a person's right to privacy.

How Do I Look Up Arrest Records in South Dakota?

There are several ways to look up arrest records in South Dakota. Inquirers may direct their queries to:

Local Law Enforcement Agencies

Local law enforcement agencies such as the county sheriff's office or local police departments often maintain a dedicated web page or online portal where inquirers can access records of recently arrested individuals. The information available on these portals varies by agency.

For example, the Brookings County Sheriff's Office provides a booking log containing records of individuals arrested and detained at the county jail. The log is updated every 15 minutes and details the full name, age, sex, and charge information of detained persons.

Individuals can also visit local law enforcement agencies and submit a public records request for the desired records where no online options are available. However, the process for submitting these requests will depend on the agency's requirements. To obtain arrest records from the Rapid City Police Department, for instance, inquirers must call the Records Department at (605) 394-4117. The office will verify the record's availability and provide further directions on how to make the necessary payment.

South Dakota Attorney General's Office

The Division of Criminal Investigation (DCI) of the state Attorney General Office provides criminal records to authorized agencies and individuals conducting personal checks. The request can be submitted online or by mail.

Online requests are managed on the Computerized Criminal History (CCH) system. The system contains information on individuals arrested for misdemeanors and felonies. It is available 24/7 and can be used to conduct fingerprint-based background checks on persons seeking employment or for licensing purposes. Fingerprints must be submitted electronically through participating local law enforcement agencies.

Individuals who reside out-of-state must follow appropriate procedures to submit fingerprints and make payment by mail. The DCI charges $26.75 processing fees to fulfill background check requests.

The Federal Bureau Of Investigation (FBI)

Individuals can obtain a copy of their criminal history record (rap sheet) by submitting a formal request to the FBI's Criminal Justice Information Services Division. The request can be submitted online, by mail, or through FBI-approved channelers.

Online requests can be initiated on the FBI's Identity History Summary Checks (IdHSC) website. On the site, inquirers can complete an applicant information form, make payments, and check the status of their request. Requesters must visit a participating U.S. Post Office location to submit their fingerprints electronically as part of their request.

Inquirers must download and fill out the Request for Identity History Summary form (FD-258) for mail requests. Then, capture their fingerprints on a standard fingerprint form (FD-1164) or any live scan location. Payment can be made with a credit card, money order, or certified check payable to the United States Treasury. The completed form, fingerprint card, and proof of payment must be sent to the following address:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

Alternatively, inquirers may process their requests through an FBI-Approved Channeler. These private businesses assist inquirers to speed up the process of requesting arrest records. The procedure for using a channeler is similar to the above. However, inquirers may have to pay an additional fee for their service.

It is worth noting that the FBI charges a processing fee of $18 per person for an arrest record. Also, the FBI only provides copies of arrest records to the subject of the record.

Free Arrest Record Search in South Dakota

Inquirers can access South Dakota arrest records for free on the websites of some local law enforcement agencies. For example, records of individuals currently detained by the Clay County Sheriff's Office are accessible via an arrest log. This log is updated regularly and contains specific information about arrests made by local law enforcement in their judicial district.

How Long Do Arrests Stay on Your Record in South Dakota?

There is no standard retention period for arrest records in South Dakota. The length of time an arrest stays on an individual's record depends on the severity of the offense, whether the person was convicted or not, and the law enforcement agency's policies.

Generally, an arrest record of an individual convicted of a serious offense or with an established criminal history will stay on file indefinitely. However, if an arrested person meets specific criteria, they may be eligible for record expungement.

For example, SDCL 23A-3-34 provides a rule for automatically removing a charge resulting from a petty offense or Class 2 misdemeanor from an arrested person's public record. The records will be removed after 5 years if all court-ordered conditions have been met and no further offenses have been committed. This rule only applies if the minor offense committed is the most serious offense on the individual's record.

Similarly, an individual who receives a governor's pardon as outlined under SDCL 24-14-11 will be relieved of all legal consequences of their conviction. Upon granting a pardon, the governor seals all official records of the individual's arrest, indictment, trial, and conviction.

How to Seal Arrest Record in South Dakota

Per SDCL 23A-3-26, expunging an arrest record translates to sealing all records about a person's apprehension, arrest, detention, trial, or disposition within the state's criminal justice system. An arrested person may petition the court of jurisdiction for an order to seal their arrest records if they meet the following criteria outlined per SDCL 23A-3-27:

• A year has passed since the date of arrest, and no charges were filed;
• A year has passed since the prosecutor dismissed the entire criminal case;
• Within one year from the arrest date, the prosecutor dismissed the entire criminal case if the petitioner demonstrates compelling necessity;
• The individual was found not guilty and acquitted of the charges.

The petitioner must file a Motion for Expungement and pay a filing fee of $70 at the court, but the fee may be waived if the petitioner is indigent and unable to afford it. After the defendant completes the necessary documentation at the court, the prosecuting attorney will be served a copy of the motion at least 14 days before the hearing. The prosecuting attorney has the right to object to the motion and may do so in writing or at the hearing.

The court may grant the motion to seal the record if the arrested person proves by clear and convincing evidence that removing the record is in the best interests of justice and the public. When a person's criminal record is sealed, they are restored to their previous legal position before arrest or indictment. Their arrest records are no longer open to the public, but law enforcement agencies and prosecuting attorneys may access them in case of future prosecution.