Aberdeen Arrest Records
Are Arrest Records Public in Aberdeen, South Dakota?
Arrest records are public in Aberdeen, South Dakota, pursuant to South Dakota Codified Laws § 1-27-1, which establishes the state's public records law. This statute mandates that records maintained by government agencies, including law enforcement entities, are open to public inspection during regular business hours. The South Dakota Sunshine Law ensures transparency in governmental operations by providing citizens with access to various records, including those pertaining to arrests made within the jurisdiction. The public nature of these records serves the dual purpose of maintaining governmental accountability and enabling citizens to remain informed about law enforcement activities in their communities.
Individuals seeking arrest records must submit their requests in accordance with established procedures. While most arrest records are accessible, certain exceptions may apply under South Dakota Codified Laws § 1-27-1.5, particularly in cases involving ongoing investigations, juvenile offenders, or where disclosure might compromise public safety or individual privacy rights as determined by statute.
How to Look Up Aberdeen Arrest Records in 2025
The retrieval of Aberdeen arrest records in 2025 may be accomplished through several official channels. Members of the public seeking such information have multiple options available:
- Aberdeen Police Department Records Division: Citizens may submit requests in person at the department headquarters. Requestors must complete a standard public records request form and provide proper identification.
Aberdeen Police Department
114 2nd Avenue SE
Aberdeen, SD 57401
Phone: (605) 626-7000
Aberdeen Police Department Official Website
Hours: Monday-Friday, 8:00 AM - 5:00 PM
- Brown County Sheriff's Office: This agency maintains records of arrests conducted within its jurisdiction, including those in Aberdeen.
Brown County Sheriff's Office
22 Court Street
Aberdeen, SD 57401
Phone: (605) 626-7100
Brown County Sheriff's Office
Hours: Monday-Friday, 8:00 AM - 5:00 PM
- Fifth Judicial Circuit Court: Court records related to arrests and subsequent proceedings may be accessed through the circuit court serving Aberdeen.
Fifth Judicial Circuit Court
101 S. Main Street, Suite 414
Aberdeen, SD 57401
Phone: (605) 626-2500
Hours: Monday-Friday, 8:00 AM - 5:00 PM
- Online Access: The South Dakota Unified Judicial System provides electronic access to certain court records through its online portal. Users may search by name, case number, or other identifiers to locate arrest-related court documents.
Pursuant to South Dakota Codified Laws § 1-27-35, agencies may charge reasonable fees for the reproduction of public records. These fees are established to cover the actual costs of reproduction and transmission of the requested materials.
Contents of an Aberdeen Arrest Record
Aberdeen arrest records contain standardized information as mandated by South Dakota Codified Laws § 23-5-1 and administrative regulations governing law enforcement record-keeping. These records typically include:
- Biographical Information: Full legal name of the arrested individual, date of birth, physical description, residential address, and any documented aliases or previous names
- Arrest Details: Date, time, and specific location of the arrest, including the street address or intersection where the apprehension occurred
- Offense Information: Detailed description of the alleged criminal violation, including the specific South Dakota statute or Aberdeen municipal code allegedly violated
- Arresting Agency Information: Name and badge number of the arresting officer(s), the law enforcement agency conducting the arrest, and the case or incident number assigned
- Processing Data: Booking photographs (commonly referred to as "mugshots"), fingerprint records, and other biometric identifiers collected during processing
- Custody Status: Information regarding bail or bond amounts, release conditions, or continued detention
- Case Disposition: Current status of the case within the judicial system, including pending court dates or final resolution
It should be noted that pursuant to South Dakota Codified Laws § 23-5-7, certain sensitive information may be redacted from public versions of arrest records, including Social Security numbers, medical information, and information pertaining to confidential informants or ongoing investigations.
Expungement of Arrest Records in Aberdeen
The expungement process for arrest records in Aberdeen is governed by South Dakota Codified Laws § 23A-3-26 through § 23A-3-33. Expungement provides a legal mechanism through which qualifying individuals may petition the court to seal or remove arrest records from public access. The following provisions apply to expungement proceedings:
Eligibility Criteria: Individuals may qualify for expungement if their arrest did not result in a conviction, if charges were dismissed, if they were acquitted at trial, or in certain cases where a specified period has elapsed following the completion of a sentence for minor offenses.
Petition Process: Pursuant to South Dakota Codified Laws § 23A-3-27, petitioners must file formal applications with the Fifth Judicial Circuit Court that has jurisdiction over the case. The petition must include specific information about the arrest, the disposition of charges, and the grounds for seeking expungement.
Fifth Judicial Circuit Court
101 S. Main Street, Suite 414
Aberdeen, SD 57401
Phone: (605) 626-2500
Hours: Monday-Friday, 8:00 AM - 5:00 PM
Notice Requirements: The petitioner must provide notice to the prosecuting attorney and any law enforcement agencies involved in the arrest. These parties have the right to contest the expungement request.
Judicial Determination: The court will evaluate whether the petitioner meets the statutory requirements for expungement and whether granting the petition serves the interests of justice. Factors considered include the nature and severity of the original offense, the petitioner's criminal history, and the time elapsed since the arrest.
Effect of Expungement: When granted, expungement orders direct all relevant agencies to seal the records pertaining to the arrest. Pursuant to South Dakota Codified Laws § 23A-3-32, expunged records are not accessible through standard public records requests, though they may remain available to law enforcement agencies for specific purposes authorized by statute.
Individuals seeking expungement are advised that the process involves complex legal procedures. The South Dakota Unified Judicial System provides standardized forms and procedural guidance for those pursuing expungement without legal representation.
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