Arrest records are public in Fall River County, South Dakota, pursuant to South Dakota Codified Law § 1-27-1, which establishes the state's public records law. This statute mandates that government records, including those pertaining to arrests, be open for public inspection unless specifically exempted by law. The South Dakota Sunshine Law ensures transparency in governmental operations by providing citizens with access to records created, maintained, or received by any government entity. Fall River County law enforcement agencies are required to maintain these records and make them available to the public upon proper request, subject to certain limitations regarding ongoing investigations or juvenile records as specified in SDCL § 26-7A-27.
Members of the public seeking arrest records should be aware that while the information is publicly accessible, certain procedures must be followed to obtain these documents. The Fall River County Sheriff's Office serves as the primary custodian of arrest records within the county jurisdiction.
Arrest records can be found online in Fall River County through the South Dakota Unified Judicial System's Public Access Record Search (PARS) system. Pursuant to Administrative Rule 05-05, the South Dakota Supreme Court has authorized public access to court records via electronic means. The PARS system provides digital access to criminal case information, including arrest data, booking details, and case dispositions.
The online availability of these records is subject to certain restrictions as outlined in SDCL § 23-5-7, which governs the dissemination of criminal history information. While basic arrest information is accessible, certain sensitive details may be redacted in accordance with privacy laws and judicial discretion. The South Dakota Court Records Access portal serves as the gateway to this information, providing instructions on how to navigate the system effectively.
Users should note that the most comprehensive and up-to-date arrest records may still require direct contact with the Fall River County Sheriff's Office or Clerk of Courts, as some information may not be immediately updated in online databases.
To obtain arrest records in Fall River County, several official channels are available to members of the public:
Fall River County Sheriff's Office
790 Main Street
Hot Springs, SD 57747
(605) 745-4444
Fall River County Sheriff
Office Hours: Monday-Friday, 8:00 a.m. to 5:00 p.m.
Fall River County Clerk of Courts
906 N River St
Hot Springs, SD 57747-1387
(605) 745-5132
Office Hours: 8:00 a.m. to 5:00 p.m., Monday-Friday (Fine Window closes at 4:30 p.m.)
Access the Public Access Record Search system maintained by the South Dakota Unified Judicial System. This online portal allows users to search for criminal cases by name, case number, or other identifiers.
Submit a written request for records pursuant to SDCL § 1-27-37, which requires agencies to respond to public record requests within 10 business days.
Requestors should be prepared to provide specific information about the subject of the search, including full name, date of birth, and approximate date of arrest if known. Fees may apply for record searches and copies as authorized under SDCL § 1-27-35, which permits reasonable charges for actual costs of reproduction and search time.
Fall River County arrest records contain standardized information as mandated by SDCL § 23-5-1 and administrative regulations governing law enforcement record-keeping. A typical arrest record includes the following components:
It should be noted that pursuant to SDCL § 23-5-7, certain information may be restricted from public disclosure, particularly in cases involving juveniles, ongoing investigations, or where disclosure might compromise public safety. The South Dakota Attorney General's Office provides oversight regarding the proper maintenance and disclosure of criminal history information throughout the state.
In Fall River County, individuals may petition for expungement of arrest records under specific circumstances as provided by SDCL § 23A-3-27. Expungement is a legal process whereby arrest records are sealed from public view, effectively restoring the individual's privacy rights with respect to the specific incident. The South Dakota Legislature has established criteria for expungement eligibility, which typically includes:
The expungement process requires filing a formal petition with the Fall River County Circuit Court, part of the Seventh Judicial Circuit. Petitioners must submit documentation demonstrating eligibility under the relevant statutes. The court may schedule a hearing where the petitioner, prosecuting attorney, and other interested parties may present arguments regarding the expungement request.
Upon granting an expungement order, the court directs all relevant agencies, including the Fall River County Sheriff's Office, to seal the records pertaining to the arrest. Pursuant to SDCL § 23A-3-32, expunged records are not accessible to the general public but may remain available to law enforcement agencies for specific purposes authorized by statute.
Individuals seeking expungement are advised that the process involves complex legal considerations and may benefit from legal representation. The Fall River County Clerk of Courts can provide the necessary forms and procedural information for initiating an expungement petition.