South Dakota Criminal Records

A crime, as defined by South Dakota Codified Laws § 22-1-2(1-9), encompasses various offenses, including murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, arson, kidnapping, felony sexual contact, and felony child abuse. It also includes attempts, conspiracies, or solicitations to commit these offenses, particularly when involving the use of force, being armed with a dangerous weapon, or employing explosive or destructive devices.

Per South Dakota law, the state's attorney general procures and files a detailed record of these offenses. This record, also called "Criminal history information," per S.D. Codified Laws § 23-5-10(2), encompasses arrest, conviction, disposition, and correction information. A South Dakota criminal record typically contains the following information:

• Biodata such as name, sex, race and birthdate,
• Aliases,
• Court proceedings
• Charges
• Crimes convicted,
• Mugshot
• Fingerprints

Are Criminal Records Public in South Dakota?

In South Dakota, criminal records are generally accessible to the public, according to S.D. Codified Laws § 1-27, criminal records are not explicitly mentioned as restricted from public disclosure. However, certain details within criminal records, such as sensitive personal information or ongoing investigations, may be subject to confidentiality restrictions. These restrictions protect individual privacy rights and maintain the integrity of law enforcement procedures.

Moreover, designated channels or agencies administer precise procedures and guidelines for disseminating public records. S.D. Codified Law § 23-5-2 stipulates that the oversight of criminal records in South Dakota is within the jurisdiction of sheriffs, chiefs of police, and other law enforcement officers. The Office of the Attorney General is tasked with cooperating with them to establish a state system of criminal records through the Computerized Criminal History (CCH) system.

South Dakota Crime Records by County

Interested parties can explore crime records submitted to the Office of the Attorney General by county and local law enforcement agencies by reviewing publications such as the Crime in South Dakota annual reports. These reports provide statewide current and historical information on various aspects of criminal activity, including juvenile justice, drug arrests, homicide, crime rates, and hate crimes.

Notably, discrepancies in crime rates among populous counties are primarily attributed to variations in population size. Areas with larger populations tend to exhibit higher crime rates and increased reporting. Additionally, differences in educational levels within counties influence these disparities, as regions with higher-educated populations typically experience lower crime rates. Education is crucial in empowering individuals with the knowledge necessary to make lawful decisions and actively participate in crime prevention initiatives.

South Dakota Criminal Record Check

Individuals seeking a local criminal record check can engage such in a sheriff's office or police department. For example, the Clay County Sheriff's Office maintains a Local Sex Offenders record, Active Warrant, Current Inmate record, and Incident Report.

To perform a criminal background check in South Dakota, individuals can begin by conducting a background check in the Identification Section of the DCI, which serves as the primary repository for criminal records in the state. The DCI maintains the Computerized Criminal History (CCH) system, a comprehensive database of criminal records in South Dakota. They offer various channels for accessing these records in a fair and transparent manner.

One method to obtain a criminal record from the DCI is by conducting a state-only background check. To initiate this search, interested individuals must acquire a state applicant fingerprint card from the department. Once obtained, they must provide essential information about the person they wish to search, including their name, birthdate, and social security number. Along with the fingerprint card, interested individuals must submit a fully completed and signed authorization and release form, a set of fully rolled fingerprints, and payment in the form of a check or money order.

After receiving all necessary information, fingerprints, authorization, and fees, the DCI will conduct a state search. It's important to note that the DCI processes background searches and returns results within five business days, plus postage time.

In South Dakota, individuals seeking access to their criminal records have the option to obtain an Identity History Summary, commonly referred to as a "rap sheet," from the FBI for a fee of $18. This service can be requested through various methods, including online submission, mail, or utilizing an FBI-approved channeler.

For the online application process, interested individuals can visit the Identity History Summary Checks website and follow the steps outlined in the "Obtaining Your Identity History Summary" section to submit their requests efficiently. If choosing to submit fingerprints directly to the FBI online, a visit to a participating U.S. Post Office is required, with the online application and payment processes completed beforehand. Alternatively, applicants can opt to send a completed fingerprint card along with the confirmation email to the specified address, treating the request as an electronic submission upon receiving the fingerprint card and incurring additional fees. Those preferring mail requests must send a completed Applicant Information Form, a fingerprint card, and the $18 fee to the address provided below:

FBI CJIS Division – Summary Request

1000 Custer Hollow Road

Clarksburg, WV 26306

The submission should include the form, a fingerprint card, and payment in the form of a credit card, money order, or certified check payable to the Treasury of the United States.

Find Criminal Records Online in South Dakota

The South Dakota Unified Justice System Public Access Record Search (PARS) enables the public to access court records, including criminal records, on demand. Administered by the state clerk of courts, this system allows individuals to subscribe and retrieve court records, including those related to criminal cases. Subscribers are required to pay a fee of $20 for each search submitted.

The South Dakota Department of Corrections provides a publicly accessible database and search engine for individuals interested in reviewing the conviction history of any individual. This resource offers comprehensive information, including personal details, the committed crime, the served sentence, and the current prison location. Additionally, the Department of Corrections website offers information about individuals on parole, including details about their parole officer and current address.

Free Criminal Record Search in South Dakota

In South Dakota, criminal justice agencies offer a free criminal record search. For instance, the Office of the Attorney General provides a Sex Offender Registry, and the Department of Corrections offers an Offender Locator. These resources contain information about individuals convicted of crimes.

What Does it Mean if You Have a Criminal Record in South Dakota?

A criminal record in South Dakota carries substantial consequences. According to S.D. Codified Laws § 12-4-18, individuals convicted of felonies may forfeit their voting rights until they complete their sentences and settle fines. This loss extends to eligibility for public office and jury service. Regarding firearms rights, the conviction of specific violent crimes or drug felonies can lead to the loss of such rights, though they may be reinstated automatically 15 years after completing the sentence or earlier through a pardon if specified.

Does Your Criminal Record Clear After 7 Years in South Dakota?

According to S.D. Codified Law 23A-3, certain misdemeanor offenses may be automatically removed from a defendant's public record after 5 years in South Dakota. However, all court-ordered conditions must have been met and the defendant must not have been convicted of further offenses within that timeframe. However, the case record remains accessible to court personnel or as authorized by court order and may be used in subsequent prosecutions. Additionally, the Bureau of Criminal Statistics director may authorize the destruction of records for deceased individuals, those aged seventy-five or older without recent violations, incidents no longer considered crimes, and misdemeanor offenses with dispositions at least ten years old. Therefore, while some records may be removed or destroyed after a certain period, the clearance of an individual's criminal record in South Dakota is contingent upon specific circumstances outlined in state laws and policies.

Arrest Record Vs. Criminal Record

South Dakota arrest records reveal that law enforcement took an individual into custody. Typically included in daily arrest reports maintained by law enforcement agencies, these records are publicly accessible and contain information such as the date, charges, description, and mugshot. Conversely, South Dakota criminal records encompass all details found in arrest records along with case dispositions and any convictions the individual may have. Employers, landlords, and licensing authorities often rely on criminal records for decision-making due to their comprehensive nature, as opposed to arrest records.

South Dakota Police Records

South Dakota police generate and maintain records as a criminal justice agency. These records comprise identifiable descriptions and details of arrests, detentions, and other incidents. They are less comprehensive than criminal records, which encompass data from additional agencies such as the Department of Correction and the Judiciary.