South Dakota Arrest Records

Is South Dakota an Open Arrest Records State?

South Dakota is considered an open arrest records state pursuant to South Dakota Codified Law § 1-27-1, which establishes the state's public records policy. Under this statute, arrest records are classified as public records and are accessible to the general public with certain limited exceptions. The South Dakota Legislature has determined that government transparency serves the public interest by maintaining public safety, ensuring governmental accountability, and supporting the effective administration of justice.

The South Dakota Public Records Law stipulates that any member of the public has the legal right to access these records without being required to provide a statement of purpose or justification for their request. This open records framework allows citizens, researchers, employers, and other interested parties to obtain information about arrests that have occurred within the state's jurisdiction.

While South Dakota maintains an open records policy, certain protections exist for ongoing investigations, juvenile records, and other sensitive information as outlined in statutory exemptions. These exemptions are narrowly construed to preserve the general principle of public access to government records.

How to Look Up South Dakota Arrest Records in 2025

The South Dakota Division of Criminal Investigation (DCI) serves as the central repository for criminal history information in the state. Members of the public seeking arrest records in South Dakota have multiple methods available to them. The following options are provided in accordance with South Dakota Codified Law § 23-5-1 et seq., which governs criminal identification procedures:

In-person requests can be made at local law enforcement agencies, including police departments and county sheriff's offices. These agencies maintain records of arrests within their jurisdictions.
Online access is available through the South Dakota Public Access Records System, which provides electronic access to court records including information about arrests and subsequent court proceedings.
Written requests may be submitted to the Division of Criminal Investigation for official criminal history record checks. These requests require submission of fingerprints and payment of applicable fees.
County courthouse records are accessible during normal business hours at the respective Clerk of Courts offices throughout the state.

South Dakota Division of Criminal Investigation
1302 East Highway 14, Suite 5
Pierre, SD 57501
(605) 773-3331
Division of Criminal Investigation

Standard processing time for record requests is approximately 7-10 business days, though this may vary depending on the method used and the complexity of the request.

Contents of a South Dakota Arrest Record

South Dakota arrest records contain comprehensive information about individuals who have been taken into custody by law enforcement agencies within the state. Pursuant to South Dakota Codified Law § 23-5-7, these records typically include the following elements:

Full legal name and any known aliases or alternative identities
Date of birth and demographic information
Physical description including height, weight, eye and hair color, and identifying marks
Photographic images (mugshots) taken at the time of booking
Biometric data including fingerprints and, in some cases, DNA samples
Detailed information about the arrest incident including date, time, location, and arresting agency
Criminal charges filed in connection with the arrest
Case disposition information including bail amount, release status, or detention determination
Unique identifiers such as booking numbers and case reference numbers

The South Dakota Unified Judicial System maintains records of court proceedings that follow arrests, including arraignments, preliminary hearings, trial information, and case outcomes. These judicial records complement the arrest information maintained by law enforcement agencies.

Understanding the South Dakota Open Records Act

The South Dakota Open Records Act, codified in SDCL § 1-27-1 through § 1-27-48, establishes the framework for public access to government records in the state. This legislation reflects the state's commitment to governmental transparency and the public's right to information. The Act specifically addresses the following key provisions:

All records of public agencies are open to inspection during normal business hours unless specifically exempted by law.
Agencies must respond to public records requests within 10 business days, either by providing the records or citing a specific legal basis for denial.
Reasonable fees may be charged for reproduction of records, but inspection itself must be provided without charge.
Records related to ongoing criminal investigations may be temporarily withheld if disclosure would impede law enforcement proceedings.
Certain personal information, including Social Security numbers, is protected from disclosure.

The Act provides for administrative and judicial remedies if access to public records is improperly denied. The Office of Hearing Examiners has jurisdiction to review denials of access to records, and decisions may be appealed to the circuit courts.

South Dakota Office of the Attorney General
1302 East Highway 14, Suite 1
Pierre, SD 57501
(605) 773-3215
South Dakota Attorney General

Expungement of Arrest Records in South Dakota

South Dakota law provides mechanisms for the expungement or sealing of certain arrest records under specific circumstances. The process is governed by SDCL § 23A-3-26 through § 23A-3-33, which outlines eligibility criteria and procedural requirements. Expungement may be available in the following situations:

Arrests that did not result in formal charges being filed
Cases that were dismissed or resulted in acquittal
Certain non-violent offenses after completion of sentence and a waiting period
Arrests for which the individual received a suspended imposition of sentence and successfully completed probation

The expungement process requires filing a petition with the South Dakota Unified Judicial System in the county where the case was handled. The court will consider factors including:

The nature and severity of the original offense
The petitioner's criminal history before and after the arrest
The petitioner's rehabilitation and community contributions
The public interest in maintaining or expunging the record

If granted, expungement removes the record from public access, though certain government agencies may retain limited access for law enforcement purposes. The practical effect is that the expunged arrest need not be disclosed on most employment or housing applications.

South Dakota Unified Judicial System
500 East Capitol Avenue
Pierre, SD 57501
(605) 773-3474
South Dakota Unified Judicial System

How to Find Local Arrests in South Dakota?

Local arrest information in South Dakota is maintained by county and municipal law enforcement agencies throughout the state. Pursuant to SDCL § 23-3-39, these records are considered public information and are accessible through various channels. Citizens seeking information about recent or historical arrests at the local level may utilize the following resources:

County Sheriff's Offices maintain booking logs and arrest records for their jurisdictions. These records can typically be accessed in person during regular business hours.
Municipal Police Departments document arrests within city limits and often provide public access to this information through their administrative offices.
County Clerk of Courts offices maintain court records related to criminal cases, including information about arrests that led to formal charges.
Local newspaper police blotters often publish information about recent arrests based on information provided by law enforcement agencies.

Many local law enforcement agencies in South Dakota have implemented online systems that allow the public to search for arrest information. These systems vary by jurisdiction but typically provide basic information about recent arrests including names, charges, and booking dates.

Pennington County Sheriff's Office
300 Kansas City Street
Rapid City, SD 57701
(605) 394-6113
Pennington County Sheriff

Minnehaha County Sheriff's Office
320 West 4th Street
Sioux Falls, SD 57104
(605) 367-4300
Minnehaha County Sheriff

Search Arrest Records in South Dakota

Counties

Brown Custer Day Fall River Haakon Minnehaha Pennington Spink Turner Yankton