South Dakota Expungement Laws 2026
South Dakota expungement and record-sealing laws: eligibility, waiting periods, and how to clear a criminal record in South Dakota.
South Dakota allows certain criminal records to be cleared or sealed. The relief is called "Expungement", governed by S.D. Codified Laws § 23A-3-22.
At a glance
| Detail | South Dakota |
|---|---|
| Relief available | Expungement |
| Statute | S.D. Codified Laws § 23A-3-22 |
| Automatic clearing? | No — a court petition is required |
| Waiting period | Varies by offense |
| Eligible records | Eligible records after a waiting period |
| Process | Petition the circuit court for expungement |
Who is eligible
Eligible records after a waiting period.
How the process works
Petition the circuit court for expungement.
Source and last verified
Statute: S.D. Codified Laws § 23A-3-22. Last verified: 2026-08-04. Laws change — confirm the current rule with the South Dakota records authority before acting.
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Frequently Asked Questions
What is record clearing called in South Dakota?
In South Dakota, the relief is called "Expungement", governed by S.D. Codified Laws § 23A-3-22.
How long do I wait before clearing a record in South Dakota?
Varies by offense.
Who can clear a record in South Dakota?
Eligible records after a waiting period.
Does South Dakota clear records automatically?
No — in South Dakota you generally must file a petition and obtain a court order before a record is cleared.