Why Run a Self Background Check in South Dakota?
South Dakota's criminal records flow from 66 counties plus tribal jurisdictions across a geographically large but lightly populated state. With law enforcement spread across that geography, disposition gaps in the DCI database are real, and a self-check is the best way to know what your file actually contains.
1. Find and Fix Errors Before Employers See Them
DCI data is pulled from county sheriffs, the Highway Patrol, municipal police, and the Unified Judicial System. Common errors: cases listed as "open" long after dismissal, identity matches with similar names (a particular issue in counties with smaller populations), and dispositions from rural counties that lag months behind the actual court action. The $44.50 self-check finds these.
2. Confirm Your Expungement Was Processed
South Dakota expungement orders from circuit courts have to make their way to the DCI to actually clear the record from the state file. Running a self-check 30–60 days after the court grants expungement confirms the record was actually cleared statewide.
3. Prepare for Healthcare, Tourism, and Licensed Profession Reviews
Sanford, Avera, and other South Dakota healthcare networks run fingerprint-based background checks. So do the state's licensing boards for nursing, medicine, education, and real estate. Knowing what shows up beforehand is essential.
4. Tenant Screening in Sioux Falls, Rapid City, and Beyond
South Dakota's growth markets, particularly Sioux Falls, depend on commercial screening services that aggregate DCI and court data. Errors flow downstream. Fixing them at the source produces cleaner reports going forward.
What Shows Up on a Personal Background Check in South Dakota?
Felony and Misdemeanor Convictions
Felony convictions and most Class 1 and Class 2 misdemeanor convictions processed in South Dakota circuit and magistrate courts appear on the DCI record unless expunged. The report shows offense, court, conviction date, and sentence.
Arrests
Arrest records, including arrests not leading to conviction, appear on the DCI record. Under SDCL 23A-3-27, non-conviction arrests can be expunged 1 year after acquittal, dismissal, or decision not to charge.
Pending Charges
Open and pending charges appear on the DCI record. If a case was dismissed and the disposition wasn't transmitted to DCI, the record may still show "pending" until corrected.
Discharge on Probation
South Dakota allows sealing of records when a defendant is discharged from probation under SDCL 23A-27-17. The sealing isn't automatic, the order has to be entered by the court.
What's Not Included
Federal court records, out-of-state convictions, juvenile records (sealed by default), most traffic offenses (excluding DUI), tribal court records (separate jurisdiction), and civil cases fall outside the DCI system. A complete personal check usually combines the state report with federal and multi-state sources.
How to Check Your Own Background in South Dakota
Option 1: DCI Combined State + FBI Check ($44.50)
The official statewide route is the DCI background check by mail. Get fingerprinted at any law enforcement agency in South Dakota (some offer free fingerprinting for residents), then mail the fingerprint card and signed authorization to the DCI in Pierre along with a check or money order for $44.50. This covers both state and FBI portions. Form available Turnaround is typically 2–4 weeks.
Option 2: State-Only DCI Check ($24)
For South Dakota records only (without the FBI national portion), the state-only check costs $24. Submitted the same way, fingerprint card by mail to DCI in Pierre.
Option 3: Search South Dakota Court Records
The Unified Judicial System's Public Access Records (UJS PARS) provides public access to circuit court records. Available at courthouse public-access terminals statewide.
Option 4: FBI Identity History Summary ($18)
For nationwide coverage based on fingerprints, request an Identity History Summary directly from the FBI. Essential if you've lived in multiple states.
South Dakota Background Check Laws You Should Know
SDCL 23A-3-26 through 23A-3-33 (Expungement)
South Dakota's expungement statute is petition-based. Key provisions:
- SDCL 23A-3-27, Motion for expungement of arrest records, available to anyone arrested but not convicted, after the disposition (acquittal, dismissal, no charges filed)
- SDCL 23A-3-29, Court may grant expungement upon finding that the ends of justice will be served
- SDCL 23A-3-30, Effect of expungement: record is sealed; the person can answer "no" to most questions about prior arrests for the expunged matter
Conviction expungement in South Dakota is more limited than non-conviction expungement and requires specific statutory authority (e.g., successful completion of certain diversion programs).
SDCL 23A-27-17 (Sealing on Discharge of Probation)
Allows a court to seal records when a defendant is discharged from probation, particularly for first-time offenders. Petition-based and judicially discretionary.
Suspended Imposition of Sentence (SDCL 23A-27-13)
One of South Dakota's most useful first-offender provisions. Under SDCL 23A-27-13, a court may suspend imposition of sentence, meaning no conviction is formally entered, and after successful completion of probation, the case can be dismissed and the record sealed.
No Statewide Ban the Box
South Dakota has no statewide Ban the Box law. Private employers can ask about criminal history on initial job applications. Some state agencies operate under internal policies but there is no statutory protection.
Federal Fair Credit Reporting Act
Third-party background checks in South Dakota are governed by the FCRA: written consent required, pre-adverse-action notice required, right to dispute errors, and 7-year cap on non-conviction reporting.
Tribal Court Records
South Dakota's nine federally recognized tribes, including the Oglala Sioux, Rosebud Sioux, Cheyenne River Sioux, and Standing Rock Sioux, operate their own court systems. Records from tribal courts are not in the DCI state database and not subject to SDCL 23A-3 expungement procedures.
Should You Check Your Background Before Applying in South Dakota?
If you have any suspended imposition of sentence, any deferred prosecution, any older arrest you're not sure was closed, or any expungement order you've never verified at the DCI level, yes, the $44.50 combined check is the cleanest way to know exactly what employers and licensing boards will see. The fingerprint-based process catches identity-confusion errors that name-based checks miss.
Run Your Self Background Check in South Dakota
Take control of your South Dakota background information before applying for jobs or licenses. Review your records and fix errors early.
Order a Personal Background CheckUse your report to verify your history, then contact the appropriate South Dakota state agency or county courts if corrections are needed.
FAQs: Self Background Check in South Dakota
How do I run a self background check in South Dakota?
The official route is the DCI combined state + FBI check: $44.50 by mail with fingerprints. For state-only coverage, $24. For free court searches, use the UJS PARS at any courthouse. For broader coverage, request an FBI Identity History Summary or use a professional multi-state service.
How far back do background checks go in South Dakota?
South Dakota has no state cap on conviction reporting. The federal FCRA caps non-conviction records (arrests not leading to conviction) at 7 years on third-party employment reports. Expunged records are removed entirely.
Will expunged records show up on a South Dakota background check?
Records expunged under SDCL 23A-3 should be removed from the DCI database and should not appear on FCRA-compliant employer background reports. Because South Dakota expungements aren't automatic, verify yours was processed by running a self-check after the court order.
How much does a background check cost in South Dakota?
DCI combined state + FBI: $44.50. DCI state-only: $24. FBI Identity History Summary: $18. Professional comprehensive multi-state checks: $20 to $80.
Do South Dakota employers need my permission to run a background check?
Yes, when they use a third-party background check company, the federal FCRA requires written authorization. South Dakota has no statewide Ban the Box law, so private employers can ask about criminal history on initial applications. You always have the right to see any report used in a hiring decision and dispute inaccuracies.