Expungement in South Dakota
State-specific overview · Criminal Law
South Dakota allows expungement of most misdemeanors and some felonies after a waiting period, with no conviction record erasure for violent crimes.
How South Dakota treats Expungement
South Dakota permits expungement of misdemeanors after two years and certain felonies after five years from conviction or sentence completion. The state distinguishes between expungement (record sealing) and record destruction, with sealed records remaining accessible to law enforcement and courts. Violent felonies and crimes against children are generally ineligible for expungement under South Dakota law.
The general definition of Expungement
A legal process that erases or seals a criminal conviction from your record.
Expungement allows you to have a criminal conviction removed from your official record, as if it never happened. Once expunged, you can legally say you were never convicted of that crime in most situations. Not all convictions qualify—eligibility depends on the crime, how much time has passed, and your state's laws. This gives people a fresh start and removes barriers to employment, housing, and other opportunities.
Read the full Expungement entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in South Dakota.