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Expungement, suspended imposition of sentence, or pardon in South Dakota

Can I clear my record in South Dakota?

South Dakota's expungement (which seals rather than destroys records) is only for arrests that didn't lead to a conviction: no charges after a year, a full dismissal, or an acquittal.

Limited automatic clearing

How did your case end?

Pick the one that matches. We'll show the routes South Dakota law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Convictions are usually cleared another way: a suspended imposition of sentence ends in dismissal and sealing after probation, cases where the top charge was a petty offense or Class 2 misdemeanor drop off the public record automatically after 5 years, and a pardon from the Governor seals the record. Completed diversion programs lead to automatic expungement.1,2,3,4

Checked October 22, 2026 against 46 sources, starting with South Dakota law, then by a second reader.

What it's called
Expungement, suspended imposition of sentence, or pardon1,2,3
Automatic clearing
Limited, since July 1, 201623,24,25
DUI or DWI
Sometimes1,23,26
Filing fee
$0 to $721,2,3
Fee waiver
Available1,2,3

Expungement

Expungement of an arrest record

In South Dakota, expungement means sealing, not destroying, all records about the arrest, detention, trial or disposition held by courts, jails and prisons, law enforcement, criminal justice agencies and the Department of Public Safety (SDCL § 23A-3-26). The court orders all official records sealed except a nonpublic record kept by the Division of Criminal Investigation (DCI) only for law enforcement, prosecutors and courts sentencing a later offense (§ 23A-3-31). The person is restored to the legal status held before the arrest, and can't be charged with perjury or a false statement for not mentioning the arrest, charge or trial in response to any inquiry (§ 23A-3-32).1,2,3

What it's for: Arrests that never led to charges, cases the prosecutor dismissed in full, and acquittals. It does not cover convictions.

Who can use it

  • One year has passed since the arrest and no charging document (accusatory instrument) was filed (§ 23A-3-27(1)).
  • One year has passed since the prosecutor formally dismissed the entire criminal case on the record (§ 23A-3-27(2)).
  • You were acquitted; you can apply at any time (§ 23A-3-27(3)).
  • Within that first year after a full dismissal, if you can show compelling necessity (§ 23A-3-27(4)).
  • There is no time limit to apply, and arrests from before July 1, 2010 qualify (§ 23A-3-33).
  • To win, you must show by clear and convincing evidence that expungement serves the ends of justice and the interests of the public as well as your own (§ 23A-3-30).

What doesn't qualify

  • Convictions. The court system says a motion for expungement can only be made on a record of an arrest; convictions are cleared through a suspended imposition of sentence, automatic removal of low-level cases, or a pardon.
  • A case where only some charges were dismissed: the statute requires dismissal of the entire criminal case (§ 23A-3-27(2)).

How long you have to wait

RecordWaiting period
Arrest with no charges filed1 year from the arrest
Entire case dismissed by the prosecutor1 year from the dismissalSooner if you show compelling necessity (§ 23A-3-27(4)).
AcquittalNoneUJS forms say acquittal of all charges at trial.

How to apply

  1. Use the UJS Guide and File system or the paper forms. Each arrest record needs its own case.
  2. Fill out the Motion for Expungement (UJS-391A) and the Case Filing Statement (UJS-232), and file them with the clerk of court in the county where the arrest record or case is filed, paying the $72 filing fee.
  3. Mail the motion, the Admission of Service (UJS-391B) and a self-addressed stamped envelope to the state's attorney, then file the Statement of Mailing (UJS-391C) and, when it comes back, the signed Admission of Service.
  4. Schedule a hearing with the clerk and serve the Notice of Hearing (UJS-393) at least 14 days before it (§ 23A-3-28), or ask everyone, including the state's attorney and any victim, to sign the Waiver of Hearing (UJS-392).
  5. After the judge signs the Order on Motion for Expungement (UJS-394), file and mail the Notice of Entry (UJS-395) to the state's attorney.
Where to file
The circuit court in the county where the arrest record or case is filed (the court that would have had jurisdiction over the crime). It is filed as a new civil case.
Cost
The fee equals the civil filing fee (§ 23A-3-28); the UJS instructions and the July 2026 motion form list $72.
If you can't pay
You can ask to file without paying. If you show the court you are indigent and unable to pay, the court may waive the filing fee (§ 23A-3-28).
Court hearing
Sometimes
How long it takes
The motion must be served on the prosecutor at least 14 days before any hearing (§ 23A-3-28). The court may set a hearing unless you, the prosecutor and any victim all waive it (§ 23A-3-29); the UJS instructions say waivers must be signed by all of them.

Official forms

Dismissal

Suspended imposition of sentence (discharge, dismissal and sealing)

With your consent, the judge accepts a guilty plea or verdict without entering a judgment of guilt and places you on probation (§§ 23A-27-12.2, 23A-27-13). When you complete all conditions, the court discharges you and dismisses the case. The discharge is not a conviction for purposes of legal disqualifications or disabilities (§ 23A-27-14), and the court orders all official records sealed, including records of the arrest, charge, trial, finding of guilt, dismissal and discharge. You are restored to your status before the arrest and can't be charged with perjury for not mentioning it in response to any inquiry (§ 23A-27-17). DCI keeps a nonpublic record for law enforcement, prosecutors and courts (§ 23A-27-16). A felony suspended imposition (§ 23A-27-13) still counts as a prior conviction when sentencing a later offense or deciding habitual-offender status under Chapter 22-7, even after discharge (§ 23A-27-15).13,14,15,16

What it's for: A first-time misdemeanor or felony where the judge granted a suspended imposition of sentence and you completed probation.

Who can use it

  • Misdemeanors: a guilty plea or verdict where the judge finds suspension serves the ends of justice and the interests of the public as well as yours, and you consent (§ 23A-27-12.2).
  • Felonies: the same findings, for a felony not punishable by death or life imprisonment, by a person never before convicted of a crime that was a felony under South Dakota law at the time of conviction (§ 23A-27-13).
  • You complete all conditions of probation; the court services officer or you then bring the case to the court, which must discharge you (§ 23A-27-14).

What doesn't qualify

  • Anyone who has already received a suspended imposition for a misdemeanor (for a second misdemeanor) or for a felony (for a second felony), in South Dakota or elsewhere (§§ 23A-27-12.2, 23A-27-13); discharge and dismissal can happen only once for each type (§ 23A-27-14).
  • Felonies punishable by death or life imprisonment (§ 23A-27-13).
  • Rape under § 22-22-1(2) or (3), since July 1, 2025 (§ 23A-27-13.3, added by HB 1096 of 2025); this doesn't apply to juveniles.
  • If the court revokes the suspension during probation, it can impose the full sentence with no credit for probation time (§§ 23A-27-12.2, 23A-27-13).

How long you have to wait

RecordWaiting period
Suspended imposition of sentence (misdemeanor or felony)When all probation conditions are completedNo separate waiting period after discharge; sealing is ordered upon discharge and dismissal (§ 23A-27-17).

Some records clear automatically. No petition or fee: when all conditions are completed, the court services officer assigned to the case, or you, bring the matter to the court, which then discharges you and orders the records sealed (§§ 23A-27-14, 23A-27-17). If no one raises it, ask the court to enter the discharge.

How to apply

  1. Ask for a suspended imposition of sentence at sentencing; the judge decides, and you must consent.
  2. Complete every condition of probation.
  3. Make sure the court services officer reports completion, or bring it to the court's attention yourself, so the clerk enters the formal discharge and the court orders the records sealed.
Where to file
The circuit or magistrate court that granted the suspended imposition.
Cost
No petition or filing fee is set for the discharge and sealing.

Sealing

Automatic removal of low-level cases from the public record

The charge or conviction is removed from the defendant's public record. The case record stays available to court personnel, or as a court orders, and can still be used to enhance the penalty for a later offense (SDCL § 23A-3-34).23,24,25

What it's for: Cases where the most serious charge was a petty offense, a city ordinance violation or a Class 2 misdemeanor.

Who can use it

  • The highest charged offense in the case was a petty offense, a municipal ordinance violation or a Class 2 misdemeanor (§ 23A-3-34).
  • All court-ordered conditions in the case are satisfied (§ 23A-3-34).
  • You have not been convicted of any further offense in the 5 years (§ 23A-3-34).

What doesn't qualify

  • Cases where a Class 1 misdemeanor (such as a first DUI or possession of 2 ounces or less of marijuana) or any felony was charged, even if you were convicted of something less, because the test is the highest offense charged (§§ 23A-3-34, 32-23-2, 22-42-6).

How long you have to wait

RecordWaiting period
Petty offense, ordinance violation or Class 2 misdemeanor (highest charge)5 years, with all court conditions met and no new conviction

Happens automatically. Removal is automatic under § 23A-3-34; no motion or fee is required. 2016 Senate Bill 97 created it with a 10-year wait (in effect July 1, 2016), and 2021 Senate Bill 174 shortened the wait to 5 years and added the no-new-conviction condition (in effect July 1, 2021); neither bill set its own effective date, so each took effect on July 1 under SDCL § 2-14-16.

How to apply

  1. Nothing to file.
  2. To check, search your record through the UJS public record search (free at a courthouse; the online search has a $20 processing fee, according to the Board of Pardons and Paroles).
Where to file
Automatic through the Unified Judicial System.
Cost
No fee.
Court hearing
No
How long it takes
After 5 years, once all court-ordered conditions are met; the statute doesn't say what date starts the 5 years.

Expungement

Expungement after completing a diversion program

Expungement of the entire criminal record related to the arrest (SDCL § 23A-3-35). The diversion sections don't define expungement themselves; Chapter 23A-3 defines it, for arrest-record expungement, as sealing rather than destroying records (§ 23A-3-26).29,30,31

What it's for: Arrests where the prosecutor placed you in a diversion program and you completed it.

Who can use it

  • You successfully completed all terms of the diversion program (§ 23A-3-35(1)).
  • You were not charged with any new crime, except petty offenses or minor traffic citations, within 1 year and 30 days after completing the program (§ 23A-3-35(2)).

What doesn't qualify

  • New criminal charges (other than petty offenses or minor traffic tickets) within 1 year and 30 days after completion (§ 23A-3-35(2)).
  • No one has a right to diversion; state's attorneys are not required to offer or create diversion programs (§ 23A-3-35).

How long you have to wait

RecordWaiting period
Completed diversion1 year and 30 days after completion with no new charges

Happens automatically. Once the requirements are met, the state's attorney files a dismissal of all related charges and a notice of completion, and the court grants the expungement without a motion or further court action (§§ 23A-3-36, 23A-3-37).

How to apply

  1. Nothing to file if the state's attorney files the dismissal and notice of completion.
  2. If that hasn't happened after 1 year and 30 days, contact the state's attorney's office or the clerk of court.
Where to file
The court where the charges were filed, through the state's attorney.
Cost
No motion is required, and the statute sets no fee for this route.
Court hearing
No
How long it takes
After 1 year and 30 days from completion.

Pardon

Pardon (with sealing of records)

A pardon granted through the Chapter 24-14 process releases you from all disabilities of the conviction, and the Governor orders all official records of the arrest, charge, trial, finding of guilt, pardon application and Board proceedings sealed. A public document certifying the pardon is filed with the Secretary of State for 5 years and then sealed. You are restored to your status before the arrest and can't be charged with perjury for not mentioning it in response to any inquiry. The pardoned offense still counts as a prior conviction for sentencing later offenses, for repeat-offense sentencing under Chapter 22-7 and for counting prior DUIs, and DCI keeps a nonpublic record (SDCL § 24-14-11). The felony firearm ban in § 22-14-15 still applies unless the Governor's order says otherwise (§ 24-14-12).32,33,34

What it's for: Misdemeanor and felony convictions; this is South Dakota's main way to seal a conviction that did not receive a suspended imposition of sentence.

Who can use it

  • Any South Dakota conviction, at least 1 year after the date of conviction (Board of Pardons and Paroles FAQ). Federal convictions can't be pardoned by the Governor.
  • All court costs, fines and restitution must be paid before the Board will consider a pardon (Board instructions).
  • Exceptional pardon: one felony (not punishable by life imprisonment) and 5 years since release from a Department of Corrections facility, or 5 years since the offense if you didn't go to prison (§ 24-14-8); the Board also lists misdemeanors or petty offenses more than 5 years old. No newspaper notice is required (§ 24-14-9).
  • Expedited pardon: Class 2 misdemeanors and petty offenses more than 5 years old, or nonviolent Class 1 misdemeanors more than 10 years old, with no other non-traffic offenses in the last 5 years (Board instructions).

What doesn't qualify

  • Expedited pardons aren't available for felonies, violent misdemeanors or requests to restore firearm rights (Board instructions).
  • A pardon granted without following Chapter 24-14 can't be sealed (§ 24-14-11).
  • Charges that were dismissed or ended in acquittal can't be pardoned; use expungement instead (Board FAQ).
  • If the Governor or Board denies your application, you must wait 1 year to reapply (Board FAQ).

How long you have to wait

RecordWaiting period
Any conviction (standard pardon)1 year from the date of convictionThe Board says it generally looks more favorably on applications when more time has passed.
One felony (exceptional pardon)5 years after release from prison, or 5 years after the offense if no prison§ 24-14-8.
Class 2 misdemeanor or petty offense (expedited pardon)More than 5 years, with no other non-traffic offense in the last 5 years
Nonviolent Class 1 misdemeanor (expedited pardon)More than 10 years, with no other non-traffic offense in the last 5 years

How to apply

  1. Use the Board of Pardons and Paroles' online eligibility tool to see whether you qualify for a standard, exceptional or expedited pardon.
  2. Apply online or on the paper application. Include notice to the state's attorney's office and, if required, a chemical dependency or psychosexual evaluation.
  3. For a standard pardon, publish notice once a week for 3 weeks in an official newspaper in the county of the offense and attach the publisher's affidavit (§ 24-14-4). Since July 1, 2026, victims of human trafficking or domestic abuse can be excused from publishing by filing the affidavits listed in § 24-14-4.2.
  4. Attend the clemency hearing. The Board makes a recommendation, and the Governor decides; the Governor considers only applications the Board recommends.
Where to file
South Dakota Board of Pardons and Paroles, 1501 S Highline Avenue, Ste 3A, Sioux Falls, SD 57110-1003 (605-367-5040).
Cost
There is no fee to apply, but you pay for gathering documents, any required evaluations and, for a standard pardon, newspaper publication (Board FAQ and instructions).
Court hearing
Yes

Official forms

Automatic clearing

South Dakota has no broad Clean Slate law, but some relief happens without a motion. Any case where a petty offense, city ordinance violation or Class 2 misdemeanor was the highest charge is automatically removed from the public record after 5 years if all court conditions are met and there is no new conviction; courts and enhancement statutes can still use it (SDCL § 23A-3-34). This began July 1, 2016 with a 10-year wait (2016 Senate Bill 97) and has used the 5-year wait since July 1, 2021 (2021 Senate Bill 174); neither bill set its own effective date, so each took effect on July 1 under § 2-14-16. Since 2018, completing a diversion program leads to expungement without a motion once the state's attorney files a dismissal and notice of completion, 1 year and 30 days after completion with no new charges (§§ 23A-3-35 to 23A-3-37). A suspended imposition of sentence ends with discharge and an order sealing the records when probation is completed (§§ 23A-27-14, 23A-27-17).13,17,21,23,24,25,29,30,31

DUI and DWI records in South Dakota

A first DUI is a Class 1 misdemeanor (SDCL § 32-23-2). A DUI conviction can't be expunged, because expungement covers only arrests without a conviction (§ 23A-3-27), and it isn't covered by automatic public-record removal, which is limited to cases where the highest charge was a petty offense, ordinance violation or Class 2 misdemeanor (§ 23A-3-34). A DUI arrest that was dismissed in full or ended in acquittal can be expunged. A DUI conviction can be sealed through a pardon granted under Chapter 24-14; the Board of Pardons and Paroles lists first and second DUI as Class 1 misdemeanors, so a nonviolent DUI more than 10 years old may qualify for an expedited pardon. A pardoned DUI still counts as a prior DUI conviction under Chapter 32-23 (§ 24-14-11). The general suspended-imposition laws (§§ 23A-27-12.2, 23A-27-13) don't mention DUI, Chapter 32-23 doesn't mention suspended imposition, and we found no official source that says whether courts grant one for DUI. Prior DUIs within 10 years generally count toward a second or later offense (§ 32-23-4.1).1,14,15,23,26,34,37

Arrests and dismissed charges

Arrests that didn't lead to conviction are cleared by expungement under SDCL § 23A-3-27: 1 year after an arrest with no charges filed, 1 year after the prosecutor formally dismissed the whole case (sooner with compelling necessity), or any time after an acquittal. You file a motion in circuit court ($72, waivable for indigence), serve the state's attorney, and the judge decides whether clear and convincing evidence shows expungement serves justice and the public interest. Completed diversion leads to expungement without a motion (§§ 23A-3-35 to 23A-3-37). Separately, if the highest charge was a petty offense, ordinance violation or Class 2 misdemeanor, the case drops off the public record automatically after 5 years (§ 23A-3-34).1,3,5,9,10,23,29,31

Marijuana records

We found no marijuana-specific expungement or sealing law. Possessing 2 ounces or less of marijuana is a Class 1 misdemeanor (SDCL § 22-42-6), so it isn't covered by automatic public-record removal, which applies only when the highest charge was a petty offense, ordinance violation or Class 2 misdemeanor (§ 23A-3-34). Possession of drug paraphernalia is a Class 2 misdemeanor (§ 22-42A-3), so a paraphernalia-only case can qualify. The usual routes for a marijuana conviction are a suspended imposition of sentence (if the judge grants one at sentencing) or a pardon; the Board of Pardons and Paroles lists possession of 2 ounces or less as an example of a Class 1 misdemeanor, which can qualify for an expedited pardon if it is nonviolent and more than 10 years old.23,27,28,36,37

What employers can see afterward

After an expungement, a discharge after suspended imposition of sentence, or a pardon granted under Chapter 24-14, the person can't be held guilty of perjury or of giving a false statement for not mentioning the arrest, charge or trial 'in response to any inquiry made of the person for any purpose' (SDCL §§ 23A-3-32, 23A-27-17, 24-14-11). For state occupational licenses, a 2024 law bars agencies from taking adverse action based on records that were sealed, expunged or pardoned, or requiring applicants to disclose them (§ 36-1C-18), and limits adverse action to convictions that directly relate to the occupation, considering rehabilitation (§ 36-1C-17). We found no South Dakota fair-chance or ban-the-box law covering private employers.7,13,34,39,40

Free help in South Dakota

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.42,43,44
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.45,46

This page explains South Dakota's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in South Dakota?" https://secondchanceindex.com/record-clearing/south-dakota, checked October 22, 2026.

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Sources

Each source was opened and checked on October 22, 2026.

  1. SDCL §§ 23A-3-26 to 23A-3-33
  2. SDCL § 23A-3-26, Definition of expungementSouth Dakota Legislature, Legislative Research Council
  3. SDCL § 23A-3-28, Service of motion--FeeSouth Dakota Legislature, Legislative Research Council
  4. SDCL § 23A-3-29, Hearing on motion for expungementSouth Dakota Legislature, Legislative Research Council
  5. SDCL § 23A-3-30, Order of expungementSouth Dakota Legislature, Legislative Research Council
  6. SDCL § 23A-3-31, Report to Division of Criminal Investigation--Sealing of recordsSouth Dakota Legislature, Legislative Research Council
  7. SDCL § 23A-3-32, Effect of order of expungementSouth Dakota Legislature, Legislative Research Council
  8. SDCL § 23A-3-33, No time limitation for making applicationSouth Dakota Legislature, Legislative Research Council
  9. Expungement (Self Help)South Dakota Unified Judicial System
  10. UJS-390 Instructions and Checklist on Motion for Expungement (Rev. 01/2025)South Dakota Unified Judicial System
  11. UJS-391 Motion for Expungement, Admission of Service and Statement of Mailing (Rev. 07/2026)South Dakota Unified Judicial System
  12. UJS-394 Order on Motion for Expungement (Rev. 07/2026)South Dakota Unified Judicial System
  13. SDCL §§ 23A-27-12.2, 23A-27-13 to 23A-27-17
  14. SDCL § 23A-27-12.2, Suspended imposition of misdemeanor sentenceSouth Dakota Legislature, Legislative Research Council
  15. SDCL § 23A-27-13, Suspended imposition of felony sentenceSouth Dakota Legislature, Legislative Research Council
  16. SDCL § 23A-27-13.3, No suspended imposition for certain rape offenses (SL 2025, ch 102)South Dakota Legislature, Legislative Research Council
  17. SDCL § 23A-27-14, Discharge and dismissal of probationer on completion of conditionsSouth Dakota Legislature, Legislative Research Council
  18. SDCL § 23A-27-15, Suspension of sentence as conviction for purposes of habitual offender lawSouth Dakota Legislature, Legislative Research Council
  19. SDCL § 23A-27-16, Report to Division of Criminal Investigation of discharge and dismissalSouth Dakota Legislature, Legislative Research Council
  20. 2025 House Bill 1096: prohibit eligibility for a suspended imposition of sentence for certain rape offensesSouth Dakota Legislature, Legislative Research Council
  21. SDCL § 2-14-16, Effective date of legislative actsSouth Dakota Legislature, Legislative Research Council
  22. Online Pardon Application: Frequently Asked QuestionsSouth Dakota Board of Pardons and Paroles (Department of Corrections)
  23. SDCL § 23A-3-34
  24. 2016 Senate Bill 97 (SL 2016, ch 134): automatic removal of petty offenses, ordinance violations and Class 2 misdemeanors after ten years; signed March 10, 2016South Dakota Legislature, Legislative Research Council
  25. 2021 Senate Bill 174 (SL 2021, ch 106): revise automatic removal (five years, no further convictions); signed March 25, 2021South Dakota Legislature, Legislative Research Council
  26. SDCL Chapter 32-23, Driving Under the Influence (§§ 32-23-2, 32-23-4.1)South Dakota Legislature, Legislative Research Council
  27. SDCL § 22-42-6, Possession of marijuana prohibited--Degrees according to amountSouth Dakota Legislature, Legislative Research Council
  28. SDCL § 22-42A-3, Use or possession of drug paraphernalia as misdemeanorSouth Dakota Legislature, Legislative Research Council
  29. SDCL §§ 23A-3-35 to 23A-3-37
  30. SDCL § 23A-3-36, Dismissal of charges and notice of completion of diversionSouth Dakota Legislature, Legislative Research Council
  31. SDCL § 23A-3-37, Expungement of record on filing of dismissal and noticeSouth Dakota Legislature, Legislative Research Council
  32. SDCL ch. 24-14 (§§ 24-14-8, 24-14-11)
  33. SDCL § 24-14-8, Application for exceptional pardon--Persons eligibleSouth Dakota Legislature, Legislative Research Council
  34. SDCL § 24-14-11, Effects of pardon--Records sealedSouth Dakota Legislature, Legislative Research Council
  35. Online Pardon ApplicationSouth Dakota Board of Pardons and Paroles (Department of Corrections)
  36. Online Pardon Application: InstructionsSouth Dakota Board of Pardons and Paroles (Department of Corrections)
  37. Online Pardon Application: Determine Your EligibilitySouth Dakota Board of Pardons and Paroles (Department of Corrections)
  38. 2026 House Bill 1300: except victims of human trafficking or domestic abuse from certain clemency notice requirementsSouth Dakota Legislature, Legislative Research Council
  39. SDCL § 36-1C-17, Criminal history--Adverse action limited (occupational licensing)South Dakota Legislature, Legislative Research Council
  40. SDCL § 36-1C-18, Criminal history--Prohibited agency actionsSouth Dakota Legislature, Legislative Research Council
  41. SD Law Help: Get Free Legal HelpSD Law Help (three South Dakota legal aid nonprofits)
  42. List of consumer reporting companiesConsumer Financial Protection Bureau
  43. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  44. Employer Background Checks and Your RightsFederal Trade Commission
  45. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  46. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)