South Dakota Court Records Search

South Dakota Court Records & Case Lookup

The South Dakota judiciary system handles an average of over 200,000 cases annually. In the 2023 fiscal year, the courts handled about 124,000 criminal filings, representing 68% of the judiciary's caseload, about 40,000 civil and small claim filings, 4,000 juvenile-related filings, and 4,000 family-related filings.

Court records in South Dakota are generally accessible to the public unless restricted or prohibited under the Unified Judicial Court Records Rules or other extant laws. Examples of court records excluded from public access include adoption files and adoption court records, juvenile court records and court proceedings, and mental illness court proceedings and court records.

Anyone interested in looking up or obtaining South Dakota court records may do so in person at the respective court clerk's office or by utilizing state-approved online portals.

State of South Dakota Court System

South Dakota operates a two-level court system, primarily comprising the Supreme Court and Circuit Courts. The South Dakota Supreme Court is the state's highest court and its decisions on state law are final. The court also plays an appellate role, hearing appeals from the Circuit Courts as the court of last resort.

In South Dakota, most cases are disposed of at the trial courts. Although the Circuit Courts exercise jurisdiction over a significant amount of these cases, some cases are handled by courts of limited jurisdiction and specialty courts. Such cases include minor civil actions, including small claims, and criminal infractions such as class 2 misdemeanors.

South Dakota Trial Courts

The trial court in South Dakota is primarily the Circuit Court. For ease of administration, South Dakota is divided into seven judicial circuits, with a circuit court overseeing each judicial circuit.

The Circuit Courts are courts of original jurisdiction. This means they have the authority to hear both civil and criminal cases at first instance. The court receives filings, evidence, and hears oral submissions, and gives a verdict. Proceedings at the Circuit Courts are typically handled by a judge or by a jury under the supervision of a judge.

A party to a case who is dissatisfied with the judgment of a Circuit Court may appeal to the South Dakota Supreme Court. The Supreme Court's decision on the appeal is final.

Circuit Courts in South Dakota

The Circuit Courts are courts of general jurisdiction, with jurisdiction over civil and criminal matters. Notably, these courts have exclusive jurisdiction over felony trials and arraignments but have concurrent jurisdiction with the Magistrate Courts over certain minor civil matters.

Other matters under the Circuit Courts' jurisdiction include probate and guardianship matters and family matters. The Circuit Courts also exercise appellate jurisdiction, hearing appeals arising from the decisions of the Magistrate Courts and administrative agencies.

Magistrate Courts in South Dakota

Magistrate Courts are courts of limited jurisdiction that primarily assist Circuit Courts in handling minor civil matters and criminal infractions. Their jurisdiction includes small claims, civil cases with a value not exceeding $12,000, Class 2 misdemeanors, and preliminary hearings for criminal prosecutions.

The jurisdiction of a Magistrate Court depends on the presiding Magistrate. A Magistrate Court may be presided over by a Magistrate Judge or Clerk Magistrate. Clerk Magistrates typically handle administrative matters, such as setting bail and receiving depositions, while Magistrate Judges exercise jurisdiction over more serious cases or cases involving legal considerations, such as civil disputes and criminal misdemeanor trials.

What are the Specialty Courts in South Dakota?

South Dakota operates specialty courts, also called "Treatment Courts" or "Problem-Solving Courts", that provide intervention services to specific or vulnerable persons. These Specialty Courts assist veterans and people with substance abuse problems or mental disorders to stay out of the criminal justice system and lead lives of recovery and stability.

Generally, Specialty Courts aim to reduce substance abuse and recidivism among targeted offenders, reduce reliance on incarceration, and improve the lives of offenders who have been released to the public. There are currently several Specialty Courts across at least six counties in South Dakota, and these courts include:

• Drug Courts
• DUI Courts
• Veterans Courts
• Mental Health Courts

South Dakota State Court Records vs. Federal Court Records

Court records typically refer to case filings, pleadings, evidence, records of proceedings, rulings, judgments, and all other documents submitted to or generated by the courts for deciding a case, or for any other lawful purpose.

The primary difference between South Dakota court records and federal court records is the source. South Dakota court records originate from the various state courts operating in South Dakota and encompass civil cases (including small claims, contracts, and torts), criminal cases, family cases (including juvenile matters, divorces, and domestic disputes), probate, and appeals cases.

Conversely, federal court records are generated from cases and proceedings of federal courts operating in South Dakota, which consists of the following courts:

• The United States District Court for the Southern Division of South Dakota
• The United States District Court for the Western Division of South Dakota
• The United States District Court for the Central and Northern Divisions of South Dakota

These cases typically involve bankruptcy cases, civil cases involving an interpretation or enforcement of federal law, and cases involving the United States as a party.

South Dakota court records are easily accessible through various online databases. Interested persons may utilize the courts' Public Access Record System (PARS) or civil judgment query portal to access criminal or civil court records, respectively, or visit the office of the relevant court clerk.

Likewise, federal court records generated from South Dakota are available to the public through the Public Access to Court Electronic Records (PACER) database, a federal court records database, or by visiting the court clerk's office in person.

What Are Public and Non-Public Court Records in South Dakota?

Court records in South Dakota are considered public records, and interested persons may apply to obtain these records, provided they comply with the relevant requirements, such as paying the requisite fees and providing a means of identification.

Note that certain court records may be restricted or redacted by law or an order of court for privacy reasons, public safety concerns, protection of sensitive information, or to preserve the integrity of an ongoing investigation:

How To Seal or Expunge South Dakota Court Records

Under the South Dakota Code of Criminal Procedure, "expungement" doesn't include the destruction of any court records. Rather, it means the sealing of such records. Nevertheless, the result of an expungement order is to treat the expunged record as though it never existed. The person who enjoys the benefit of such an order is returned to the state they were in before their arrest or now an expunged criminal record.

How To Seal / Expunge Court Records in South Dakota

An expungement may be required by law or upon the application to the court with jurisdiction over the crime for which the applicant was arrested.

Expungement required by law typically applies to:

• pardoned persons provided the Governor of the state complies with the requirements and procedures for a pardon, and five years after the pardon; or
• any conviction or charge where a minor offense, Class 2 misdemeanor, or a municipal ordinance violation was the greatest charged offense, provided that the defendant has satisfied all the conditions ordered by the court on the case and has not committed any further offenses within five years.

Likewise, a person may only apply to have their arrest record expunged:

• If no instrument of accusation has been filed against them one year after their arrest;
• One year after the attorney prosecuting formally dismisses all of the criminal cases handling the record;
• At any given time past the acquittal; or
• Within one year from the date the prosecuting attorney formally dismisses the entire criminal case on the record and upon showing a compelling necessity.

This application is made by filing a Motion for Expungement with the Circuit Court with jurisdiction to determine the alleged offense. Also, the motion must identify the record to be expunged.

Following the filing, the court clerk will set the motion for a hearing, except where the prosecuting attorney, the victim of the alleged offense, and the applicant all consent to waive a hearing. Following the hearing, the court will give its order.

It is noteworthy that while expungement generally refers to "sealing" under South Dakota laws, the South Dakota Code of Criminal Statistics provides for the destruction of certain records. However, this is at the discretion of the director over the organization known as the Bureau of Criminal Statistics, who is also the state's Attorney General, and only applies to:

• Persons who died
• Persons who are 75 years or older without a violation in the last ten years
• Incidents are no longer considered crimes under South Dakota laws
• Misdemeanor offenses with a disposition date of more than ten years before the destruction date authorized

How Do You Access State of South Dakota Court Records?

Most court records in South Dakota may be accessed online. Records that are unavailable on online databases, such as records of criminal cases before 1989 or civil cases before 2004, may be accessed at the office of the relevant court clerk.

Online Access to South Dakota Court Records

The South Dakota judiciary maintains records of most criminal cases since 1989 on the Public Access Record System (PARS) and judgments in civil cases since 2004 are available on the state's civil judgment query portal. Interested persons may visit any of these online databases to obtain the relevant court records.

Likewise, the eCourts portal contains summary information about cases decided by South Dakota courts. This portal only provides summary information on these cases and does not provide the court records. Note that you may be required to pay a fee to access these online services.

In-Person Access to State of South Dakota Court Records

Generally, court clerks are the custodians of court records. Anyone interested in obtaining such records can walk into the relevant court and visit the office of the court clerk. Courts typically have administrative rules governing access to court records, such as the relevant time, fees, and application requirements. This may vary by court.

It is best that you contact the relevant court clerk to confirm these rules or requirements before visiting the court.

How To Request Judicial Administrative Records

Requests for judicial administrative records in South Dakota may be directed at the Unified Justice System's Public Information Officer (PIO). This office is responsible for receiving inquiries relating to the judiciary and providing responses or redirecting the inquiry to the responsible office or court.

You may contact the PIO by email or phone. Ensure to have an accurate description of the record you are requesting. Also, you may be requested to provide your request in writing, pay a fee, or provide a means of identification.

How To Access Older and Archived Court Records in South Dakota

Most court records that are unavailable on the various state-maintained online databases are either old, archived or yet to be uploaded. Interested persons may visit the office of the court clerk where the matter was decided and make their request in person.

Requests made in person are typically in writing. Some courts provide fillable forms to facilitate this process. You may contact the relevant court clerk to familiarize yourself with the procedure before visiting the court.