Arrest records are public documents in Custer County, South Dakota, pursuant to South Dakota Codified Laws § 1-27-1, which establishes the state's public records law. This statute mandates that government records, including those pertaining to arrests, shall be open for inspection by members of the public during regular business hours. The South Dakota Legislature has determined that public access to arrest records serves the essential functions of governmental transparency and accountability within the criminal justice system.
The Custer County Sheriff's Office maintains these records as part of their statutory duties under SDCL § 7-12-1. While certain information may be redacted to protect ongoing investigations or personal privacy in accordance with SDCL § 1-27-1.5, the fundamental arrest data remains accessible to the public. This includes basic information such as the arrestee's name, charges filed, and arrest date.
Individuals seeking access to arrest records should note that certain exemptions may apply to juvenile records, which receive special protection under SDCL § 26-7A-27, unless otherwise ordered by the court.
Arrest records for Custer County can be accessed through various online platforms in accordance with South Dakota's commitment to public information accessibility. The South Dakota Unified Judicial System provides electronic access to court records, which often include information related to arrests that have proceeded to court action.
The primary online resource for accessing Custer County arrest-related information is the Public Access Record System (PARS), maintained by the South Dakota Unified Judicial System. This database contains docket entries for criminal cases, including those originating from arrests in Custer County. Users should be advised that PARS data is updated regularly but may not reflect real-time information.
Additionally, the Custer County Sheriff's Office maintains limited online resources that may include recent booking information and current inmate status. These records are subject to the provisions of SDCL § 23-5-7, which governs the collection and dissemination of criminal history information by law enforcement agencies.
Members of the public should be aware that while basic arrest information is available online, obtaining complete arrest records may require direct contact with the appropriate county offices or submission of formal records requests.
The process for obtaining Custer County arrest records involves several official channels, each providing different levels of information access. Individuals seeking these records may utilize the following methods:
Custer County Sheriff's Office
420 Mt. Rushmore Road
Custer, SD 57730
(605) 673-8146
Official Website
Custer County Courthouse
420 Mt. Rushmore Road
Custer, SD 57730
(605) 673-4816
Hours: Monday-Friday, 8:00 AM - 5:00 PM
South Dakota Unified Judicial System: The state court system provides access to court records and case information through their online portal, which includes criminal cases originating from arrests.
South Dakota Division of Criminal Investigation: For comprehensive criminal history information, including arrest records, the DCI maintains the state's central repository pursuant to SDCL § 23-5-1.
Division of Criminal Investigation
1302 E. Highway 14, Suite 5
Pierre, SD 57501
(605) 773-3331
Requestors should be prepared to provide specific information to facilitate record searches, including the subject's full name, date of birth, and approximate date of arrest. Fees may apply for record searches and copies in accordance with SDCL § 1-27-35, which authorizes reasonable charges for reproduction costs.
Arrest records maintained by Custer County law enforcement agencies typically contain comprehensive information as prescribed by SDCL § 23-5-7. Standard components of these records include:
It should be noted that certain sensitive information may be redacted from public versions of arrest records, including Social Security numbers, medical information, and details that might compromise ongoing investigations as provided in SDCL § 1-27-1.5.
South Dakota law provides mechanisms for the expungement or sealing of certain arrest records under specific circumstances. The process is governed primarily by SDCL § 23A-3-27, which establishes the criteria and procedures for removing arrest information from public access.
Eligibility for expungement in Custer County typically requires one or more of the following conditions:
The expungement process requires filing a petition with the Seventh Judicial Circuit Court, which has jurisdiction over Custer County. Pursuant to SDCL § 23A-3-27, the petition must include specific information about the arrest and subsequent proceedings. The court may schedule a hearing where the petitioner must demonstrate that they meet the statutory requirements for expungement.
If granted, an expungement order directs all relevant agencies, including the Custer County Sheriff's Office, to seal the records from public view. However, these records may remain accessible to law enforcement agencies for official purposes as specified in SDCL § 23A-3-32.
Individuals seeking expungement should be aware that the process requires strict adherence to statutory requirements and court procedures. The expungement applies only to South Dakota records and does not affect federal records or those maintained by private entities that may have previously obtained the information.