South Dakota PUBLIC RECORDS SEARCH

South Dakota State Public Records Search Online

South Dakota prioritizes transparency in governance by providing comprehensive access to public records. These vital documents serve as invaluable resources for citizens, which enables them to verify crucial information and fulfill various personal and professional needs.

The state's commitment to open access empowers individuals to research various information. This accessibility promotes accountability in public institutions and fosters an informed citizenry capable of active participation in democratic processes.

In recent years, South Dakota has embraced digital technology to streamline the delivery of public records. Online portals and databases have significantly improved the efficiency and speed of information retrieval. These online portals allow requesters to access many documents from the comfort of their homes or offices.

However, certain information remains restricted due to its sensitive nature.

What Records are Public in South Dakota?

Public records, as defined in South Dakota law, refer to information and data collected by state departments, courthouses, districts, law enforcement agencies, and other tax-supported entities. With these public records, individuals and businesses can conduct research and make data-driven decisions.

What is Considered Public Information in South Dakota?

The state classifies numerous types of information and records as publicly accessible, and government agencies are required to provide public information when requested.

However, some information may still be redacted or restricted, as the state expressly exempts them from public inspection.

Below are the common records searched and requested by the public:

• Criminal records
• Court case reports
• Vital records
• Vehicle history reports

South Dakota Public Records Laws

Transparency is one of the reasons South Dakota allows access to certain public records. With this goal, laws and frameworks are established for individuals and businesses to obtain these public records for various authorized purposes.

Thus, the Freedom of Information Act (FOIA) is adopted, and the South Dakota Codified Law (SDCL) Chapter 1-27 is legislated.

What is the South Dakota Public Records Law?

SDCL (South Dakota Codified Law) Chapter 1-27 defines a public record, outlines access procedures, and specifies exemptions to protect sensitive information. It regulates all counties, municipals, state departments, and entities receiving government funds in handling their information and records.

The law covers records in digital and physical formats. Moreover, citizens and interested parties can examine and copy public records during normal business hours.

Disputes regarding public information and records are handled by the Office of Hearing Examiners (OHE), a separate state government agency under the Bureau of Administration (BOA). This independent office facilitates a resolution process between the requester and the record custodian.

Moreover, OHE is responsible for deciding whether exempt information or records should be released or not.

What is the FOIA in South Dakota?

The FOIA (Freedom of Information Act) gives citizens the right to request information from the federal government. Although this law allows some rights to individuals, it does not cover SD government agencies.

At the state level, the open meeting laws reflect the commitment to open government. The laws aim to balance public interest with privacy concerns. The law requires that official meetings, including those conducted via teleconference, be open to the public.

The state's law extends this definition to include various formats such as typewritten documents, handwritten notes, maps, e-mails, and even video files.

Who Can Access Public Records in South Dakota?

South Dakota grants broad access rights to public records. According to SDCL (South Dakota Codified Law) Section 1-27-1, all members of the public can request and access public records. This includes:

• Residents
• Out-of-state individuals
• Organizations and businesses
• Media representatives

Requesters do not need to provide a reason or statement of purpose when requesting records. However, certain confidential records, such as birth or marriage certificates, may require identification and eligibility to access.

The law prohibits discrimination based on the requester's identity or intended use of the information. Notably, inmates face restrictions on accessing information related to correctional facilities.

South Dakota Public Records Search

State agencies maintain various records. To access these records, all requesters must follow specific procedures depending on the type of record and the agency responsible for maintaining it.

How to Find South Dakota Public Records Online

Each state agency maintains a specific public record, depending on its mandate. These agencies often have dedicated web pages, public record request portals, or online platforms to access records and their contacts.

Third-party sites are another alternative. However, these third-party providers may not offer comprehensive information and might charge additional service fees.

While third-party sites can be a helpful starting point, requesters should verify the accuracy of the information they find, as these sites are independent of the state government and may not have the same level of quality control or oversight.

For critical legal or official purposes, the best way to obtain public records is directly requesting from the appropriate state or local government agencies.

Still, government databases furnish the most accurate and updated information on public records, especially for legal and official purposes.

Here's how to locate public records online:

• Identify the custodian of the public records or look for the official e-mail address of the agency.
• For online databases, requesters fill out the necessary request information and submit the requests.
• For e-mails, fill out editable or downloadable forms, scan the forms, and send them to the e-mail address.
• Pay the associated fees, such as the request, convenience, or service fee.

Some South Dakota agencies may require notarized forms before submission. Thus, requesters should read the instructions carefully indicated on the forms, especially for e-mail submissions.

How to Find South Dakota Public Records Offline

Accessing public records offline in South Dakota may require more effort. Requesters can follow these steps to locate records using the offline method:

• Determine the specific records requesters need.
• Identify which state agency maintains the record. For example, the Department of Health handles vital records.
• Visit the agency in person and download the request form beforehand.
• Complete any required forms, providing identification and the necessary details, like the case number for court records.
• Pay the associated fees for processing or copying the records.
• Wait for processing, as some records may take time to process, so plan accordingly.

While sometimes slower, offline methods allow for in-person assistance and can be necessary for records not available online. Note that some agencies may require an appointment schedule before any in-person visits.

Processing time may take at least ten business days but may be shorter or longer, depending on the requested record. To learn the specific process for a bulk court records search, requesters should call or e-mail the administrator's court office.

Types of Public Records in South Dakota

South Dakota agencies maintain a wide range of public records accessible to citizens. These records span various domains. Below are the public records citizens can request from the state agencies:

• Vital records
• Court records
• Criminal records
• Inmate records
• Property records
• Traffic records

State of South Dakota Public Court Records

Court records at the state level in South Dakota comprise various legal documents and proceedings. These include case files, transcripts, and other materials from the South Dakota Supreme Court and the Circuit Courts.

Researchers, legal professionals, and members of the public can access these records to obtain information on civil and criminal cases, appeals, and judicial rulings. The state maintains a centralized repository for court records, which can be searched and retrieved through designated channels.

South Dakota Public Bankruptcy Records

Public bankruptcy records in SD contain official documents related to bankruptcy cases filed within the state. These records may include financial data, property information, and contact details of all involved parties, such as the presiding judge, case type, and disposition.

The U.S. Bankruptcy Court for the District of South Dakota serves as the custodian of these records, providing public access through the national Public Access to Court Electronic Records (PACER) system.

Note that only accredited and certified attorneys can file documents electronically. Individuals can create a PACER account to search and retrieve online copies of bankruptcy filings and related materials.

Sioux Falls and Pierre offices maintain these records, while court hearings occur in Aberdeen, Pierre, Sioux Falls, and Rapid City counties.

County Court Records in South Dakota

The availability and access process for county-level court records in South Dakota can vary by jurisdiction. The state has 66 counties, and each county maintains its own court system and record-keeping practices.

To access county court records, individuals may need to contact the specific county clerk's office or visit the courthouse in person.

Here's a partial list of contact numbers for the clerk of courts located in each SD county:

• Aurora County: (605) 942-7165
• Beadle County: (605) 353-7165
• Buffalo County: (605) 734-4580
• Turner County: (605) 297-3115
• Clay County: (605) 677-6756

South Dakota Criminal Records

South Dakota maintains comprehensive criminal records that document arrests, court proceedings, and correctional information within the state.

These records are accessible to the public, with some redactions to protect sensitive details like personal identifiers and the identities of minors or victims. Additionally, the availability and accessibility of these records can vary across different jurisdictions within the state.

The state uses Public Access Record System (PARS), an online database, to search records on these criminal records. Requesters may need to pay $20 for every search made, regardless of whether the results are favorable or not. They need the person's name and birth date to submit a search query.

In the PARS, requesters can submit searches as guest or registered users. Bulk requests require a drawdown account with a minimum fund of $100. In this account, users will have a designated clerk of courts.

For more information, interested individuals and businesses may send an inquiry regarding the use of drawdown accounts in requesting records and other details to this e-mail: UJSPARSsupport@ujs.state.sd.us.

South Dakota Public Arrest Records

South Dakota public arrest records contain details related to arrests made by law enforcement agencies. These records may include the following information:

• Arrestee's name, date of birth, and mugshot
• Date, time, and location of the arrest
• Charges filed and relevant statute citations
• Arresting officer's name and agency
• Bail/bond amount and court appearance details

To obtain South Dakota public arrest records, requesters typically need to provide the arrested individual's name or a case identification number by sending a request inquiry and search form. The South Dakota Division of Criminal Investigation (DCI) and county and municipal law enforcement agencies maintain these records.

When requesting records, the DCI office prefers e-mail correspondence for requests and responses. However, requesters may opt for e-mail, mail, or fax when receiving the results. Results sent through fax are subject to a minimal fee of $1 for every page with a minimum of $5).

South Dakota Vital Records

South Dakota's vital records cover official government documents on births, deaths, marriages, and divorces within the state. While vital records can provide critical information, they are not entirely open to public inspection under state law.

The South Dakota Department of Health (DOH) Vital Records Office maintains custody of these sensitive records and has specific guidelines for accessing them.

Requesters can request vital records online, over the phone, by mail, or in person. Online requests are through an accredited third-party provider, and DOH has only one provider.

If requesters select phone inquiries and requests, they can contact the number (605-773-4961). Alternatively, for mail and in-person requests, they can use the address below to send or submit the vital records request form:

The state charges $15 for a certified or informational copy of a birth, death, marriage, or divorce record, with additional fees for expedited service or amendments to the record. The expedited fee is $11.50 in addition to the request fee. Note that copies can only be sent through mail and cannot be e-mailed or faxed.

Not all vital records are automatically available for public inspections. These copies can be used for legal purposes and are available to the following eligible individuals:

• The registrant (the person named on the birth record)
• The registrant's spouse, child, parent, guardian, or next of kin (grandparents and siblings)
• An authorized agent, such as an attorney, physician, or funeral director.
• Someone with a designated legal right or personal/property interest in the record

South Dakota Public Birth Records

Birth records in South Dakota are not automatically available for public inspection. Eligible individuals can obtain either a certified copy or an informational copy of a birth record by submitting an application and the applicable fee to the Vital Records Office or any Register of Deeds office.

Informational copies are printed on plain paper and include the statement "For informational purposes only. Not for legal proof of identification". These copies do not have a raised seal, and their use is generally limited to genealogical research.

In addition to certified and informational copies, the DOH (Department of Health) can provide photostatic copies of the original document. These copies may be useful if the computer-generated versions do not contain the necessary information.

For birth records older than 100 years, the department offers an online portal for searching these records.

South Dakota Public Death Records

South Dakota public death records detail the circumstances surrounding a person's death. These records contain the following information:

• The deceased individual's name, gender, date of birth, place of death, and age
• The state file number assigned to the death record
• Demographic data, including the deceased's residence, surviving spouse, place of death, and parents' names
• The manner and cause of death
• The date the death was filed

South Dakota Public Marriage Records

South Dakota public marriage records document the legal unions of couples within the state. Below is the information found in the marriage certificates:

• Names of the married couple
• Date and location of the marriage ceremony
• Names of witnesses present
• Name of the officiant who performed the ceremony

The SD DOH (Department of Health) maintains and issues both certified and informational copies of these records. Only the individuals named in the record, their direct relatives, and authorized persons can obtain certified copies. Individuals request marriage certificates to change their names.

South Dakota Public Divorce Records

South Dakota divorce records provide information about marriage dissolutions within the state. Divorce case records are difficult to obtain due to the sensitive information they contain, but divorce decrees are the most requested records.

The decree officially voids the marriage and includes information on child support and custody arrangements and asset distribution.

Here is the information that divorce records include:

• Full names of the divorced parties
• The county where the divorce was granted
• The date of dissolution

Requests for divorce records should be sent to the same address as marriage record requests. While divorce records are generally considered public information, certain details, such as financial data or child support arrangements, may be excluded from public copies.

South Dakota Property Records

South Dakota property records provide detailed information about real estate within the state. Publicly accessible records offer transparency in property ownership and transactions. The property records consist of the following information:

• Mortgages and liens
• Plats and property survey information
• Deeds and covenants
• Assessed real estate value

Accessible documents often contain building sketches, property deeds, and maps. They provide a comprehensive overview of the property's characteristics and history.

The process for accessing these records may vary slightly between counties but generally involves the following steps:

• Identify the specific property of interest.
• Contact or visit the appropriate county's Register of Deeds Office.
• Provide any necessary information to locate the records (e.g., property address, owner's name, or parcel number).
• Pay any applicable fees for record searches or copies.

Many counties in South Dakota have implemented online systems for remote access to property records for convenience. However, some records may still require an in-person visit to the County Register of Deeds Office for viewing or obtaining certified copies.

While most property records are public, certain information, such as social security numbers or other sensitive data, may be redacted to protect personal privacy.

South Dakota Inmate Records

South Dakota inmate records hold information about individuals currently or previously incarcerated within the state's correctional system. The Department of Corrections (DOC) maintains these records and gathers the following information:

• Inmate's full birth name
• Physical identifying features (sex, height, weight)
• Known aliases
• Current correctional facility
• DOC number
• State Identification Number (SID) number
• Current correctional status

Victims and the community can access these records using the offender locator managed by DOC. This portal shows information regarding inmates, parolees, and individuals who have served their court-ordered sentences.

Note that this locator yields information for felony offenders sentenced to serve in DOC only. It does not cover offenders sentenced to county jails and probation.

For more detailed information or assistance with inmate record searches, individuals can contact:

South Dakota Traffic Records

South Dakota traffic records contain an individual's complete driving history. The Department of Public Safety (DPS) maintains these records and processes any requests from eligible individuals. These records contain the driver's full name, violation history, points accumulated from civil offenses, and accident reports.

These traffic records are useful in analyzing driving behaviors, determining liability coverage rates by insurance providers, and evaluating drivers' competence in road safety by employers.

However, under the Driver Privacy Protection Act (DPPA), personal information is not available without the driver's consent.

License Plate Lookup in South Dakota

A South Dakota license plate lookup allows individuals to access vehicle and owner information using the license plate number. This process can reveal a range of details about a vehicle, as enumerated below:

• Mileage records and any adjustments
• History of flood, hail, or fire damage
• Vehicle title information
• Recall notices
• Service, inspection, and registration history
• Safety ratings
• Accident history

South Dakota does not impose special requirements for conducting a license plate lookup. However, individuals obtaining such details may not be able to obtain sensitive data as specified in DPPA (Driver Privacy Protection Act).

Still, interested parties have two primary options for accessing limited information.

The first option is using paid services from private database companies. These companies purchase, organize, and sell vehicle information to customers. This method is often the most convenient and requires minimal effort from the inquirer.

The second option is in-person requests to the South Dakota Division of Motor Vehicles (DMV) under the Department of Revenue (DOR). Individuals can visit the department using the address below:

What Information is Exempt from the Public Records Act in South Dakota?

The South Dakota Public Records Act exempts certain types of information and records from public access to protect individual privacy, public safety, and sensitive operations. However, certain records are exempt from disclosure.

Below are the exempt records:

• Driver's license numbers and license plate information
• Juvenile incarceration records
• Documents detailing the locations of weapons or ammunition
• Information regarding security arrangements for private or public properties
• Personal information of students (current, prospective, and former) under the custody of educational institutions
• Personnel data of public officials, including family information
• Documents classified as confidential or closed by state courts
• Records maintained by public agencies that contain collections of paleontological, archaeological, or historical significance
• Information that could potentially jeopardize the security or safety of individuals or entities
• Certain law enforcement records that may compromise ongoing investigations
• Medical records and personal health information protected under privacy laws
• Trade secrets and proprietary business information
• Attorney-client privileged communications
• Ongoing bid or contract negotiations before final approval
• Draft documents and internal memoranda used in decision-making processes

This list is not exhaustive, and other specific exemptions may apply based on state statutes or court rulings. The purpose of these exemptions is to balance the public's right to information with the need to protect sensitive data, maintain effective government operations, and safeguard individual privacy.

Other Public Records in South Dakota

Below are the other public records available for inspections:

• Business Records: This online search allows citizens to check the legitimacy and compliance of a business established in the state.
• Sex Offender Records: SD has an online registry for all sex offenders to allow citizens to defend themselves from sex offenders.
• Warrant Records: SD maintains warrant records as part of its public judicial system. Law enforcement officers use warrants to search individuals, seize property, or carry out other specified actions as detailed in the warrant.
• Historical Tax Statistical Reports: The DOR (Department of Revenue) consolidates all taxes reported, categorized by counties, types of tax, and month/year collected.
• Military Service Records: These records are available to military personnel and their next of kin, but access becomes public 62 years after the personnel's separation from military service.
• Immunization Records: Kindergarten since 1976 and 6th-grade immunization records since 2016 can be obtained through mySD account and are required for school entry.

Frequently Asked Questions

Here are a few frequently asked questions for more information regarding South Dakota public records:

Recent Articles

What Are the Key Differences Between Aggravated Robbery and Aggravated Burglary?

What Is Armed Robbery, Is It a Felony, and What Are the Sentences?

What Are the Pet Ownership and Custody Laws by State?

What Is Jury Duty and How Does the Jury Selection Process Work?