ExpungeMap

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

DetailSouth Dakota
Relief availableExpungement
StatuteS.D. Codified Laws § 23A-3-22
Automatic clearing?No — a court petition is required
Waiting periodVaries by offense
Eligible recordsEligible records after a waiting period
ProcessPetition 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.

Reviewed by D. Reyes, legal reference editor

All 50 states

Reviewed by D. Reyes, legal reference editor

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.

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