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South Dakota Arrest Records

South Dakota Arrest Records

According to the South Dakota Attorney General, Marty Jackley, 36,990 arrests were made in the state in 2022, a decrease from 38,160 in 2021. The total number of criminal offenses in 2022 was 68,768, a reduction from 69,430 the previous year. The reduction was attributed to aggressive initiatives by law enforcement to fight crime within the state, with a focus on prevention.

Law enforcement in the state has reported that crimes like homicides and aggravated and sexual assault numbered 48,134 in 2022 compared to 46,485 the year before. However, less serious offenses, including disorderly conduct and DWIs, were 20,634 in 2022, compared to 22,945 in 2021.

What Is an Arrest Under South Dakota Law?

According to Section 23 A-3-1 of codified South Dakota law, an arrest is taking a person into custody by a peace officer or a private citizen so they are held to answer for a crime they may have committed. It may be issued with a warrant or without, provided there is reasonable cause to believe they have or are currently involved in a criminal act.

Type of Arrests in South Dakota

Generally , there are two types of arrests in South Dakota: with a warrant or without a warrant.

Arrest with a Warrant

Warrants are legal documentation that allows a law enforcement officer to impose an arrest on an individual. These occur during an investigation when a complaint is filed to the judge or circuit court requesting them to bring the defendant forward for their alleged crimes. That is provided the officer has reasonable cause to believe the suspect is involved in the offense. Bench warrants are within this category as well.

Bench warrants are initiated when someone fails to honor a scheduled court date or an obligation. Bench warrants do not usually mean an active search for the suspect. Rather, the person's identity is kept in a database, and they may be detained during a traffic stop leading to arrest. Warrants may entail subject information such as names, birth dates, or other identifiers. Warrant details, including offense types, charges, and bond, may also be included.

Arrest Without a Warrant

Arrests may also happen without a warrant, provided the officer has reasonable cause to believe the individual has committed or is currently engaging in a criminal offense. It does not have to be in the presence of a law enforcement officer. However, it should be a Class 1 misdemeanor or a felony. Officers may also arrest a person without a warrant for a public offense other than petty crimes done in their presence. The other scenario is during a traffic stop if the accused is driving under the influence or recklessly. For cases when an arrest is required due to exigent circumstances, there must be a threat of property damage, a threat of bodily harm or death, or a threat of escape.

What Are South Dakota Arrests Records?

What Are South Dakota Arrests Records?

In South Dakota, arrest records generally form part of an individual's criminal background. They describe a person's previous interaction with the law. The records may include the person's name, aliases, physical description, and charges. They may also contain contextual details such as the time and location of the arrest, the arresting officer, and the agency involved.

How Can Arrest Records Be Accessed in South Dakota?

Following codified regulations, § 1-27-1.1, citizens are fully empowered to examine public records in the state. That said, not all records are accessible to every interested party. For example, records that have been sealed or expunged are not accessible to requesters. The same goes for records involving juveniles or domestic abuse.

Arrest records, which are part of ongoing criminal investigations, may only be accessible to the parties of interest, their legal representatives, and law enforcement personnel. South Dakota arrest records that do not fall into the previously mentioned categories may be accessed in the following ways:

South Dakota Unified Judicial System

The South Dakota Unified Judicial System is an integrated platform that provides criminal records for the state. Parties can access arrest or criminal records online by using the access portal. Search the party's name or case number if it is available. The system will generally provide information on their public court records, arrest reports, and current cases.

Local Sheriff's Offices and Police Departments

The local sheriff or police departments typically maintain most arrest records. Requesters should determine the specific agency that made the arrest before asking for the arrest record. They may visit their offices in person during working hours and bring photo identification to present during the request. Each County also handles their record requests uniquely so it would be advisable to ask for the specific requirements and fees before appearing in person.

South Dakota Criminal History Repository

South Dakota's Division of Criminal Investigation generally maintains criminal records for all state citizens. Interested parties may contact them in person, via mail, or online to request arrest records. During the request, provide a photo ID and prove the relationship with the party on the record. The platform charges $26.75 for each record request.

How Long Will an Arrest Report Stay on Your South Dakota State Records?

Arrest records will generally remain on a person's record indefinitely, though there are circumstances where it can be possible to expunge or seal the record. Sealing and expunging of arrest records are typically different, though expungement in South Dakota is the sealing of all records that judicial or law enforcement agencies hold.

Can You Expunge Your Arrest Records in South Dakota?

Can You Expunge Your Arrest Records in South Dakota?

It is generally possible to expunge arrest records in South Dakota. This restores the individual to the status they occupied before their indictment or arrest. In South Dakota, an individual can get their records expunged if a charge resulting from a case where a Class 2 misdemeanor was the highest-charged offense is removed from their records.

Per 23A-3-27, an arrested individual may apply to have their arrest records expunged if they have not been accused. The period can be one year from the date of detainment or one year from the time the prosecutor dismisses the case. The individual may also file for expungement at any time after acquittal. Automatic removal of arrest records occurs when an individual has satisfied the legal requirements. The state attorney general is also the Director of the Bureau of Criminal Statistics and has powers to authorize the expungement of records.

That is in cases where the person is 75 or older unless violations have occurred within the previous decade. They can also expunge records of incidents that are no longer considered criminal offenses under state law. A pardon by the governor would also render the record expunged. To do this, applicants should fill out an online form on the South Dakota Executive Clemency Pardon homepage. It should provide relevant information on the pardon and eligibility.

Is a Citizen's Arrest Legal in South Dakota?

Citizens' arrest is generally legal in South Dakota, where a person can arrest another for a public offense aside from small offenses, provided it is committed in their presence. It should also be for a felony, which has not necessarily been committed in the presence of the private citizen. However, they have reasonable cause to believe that the person of interest did commit the offense.

Persons performing a citizen's arrest must be careful not to use excessive force on the accused to avoid cases of liability. Cases of mistaken identity and wrongful arrest may also result in being sued or criminal charges against the perpetrator. Once the suspect is in custody, the private citizen should submit them to law enforcement personnel or the courts as soon as possible.

How to Look Up Arrest Warrants in South Dakota

How to Look Up Arrest Warrants in South Dakota

Interested parties may look up an arrest warrant in South Dakota using any of the following platforms:

South Dakota Department of Criminal Investigation

Interested parties may utilize the South Dakota Department of Criminal Investigation Identification Section site to search for warrants in the state. In this case, the DCI would provide background checks, including a state criminal history search and an FBI check. In these cases, the DCI will process a request to the Federal Bureau of Investigation if the required information is received. If the FBI does not get any record, a response will be generated to the Clerk of the Courts within the appropriate County. A record print will be sent if the search finds a match. Searches may cost the requester $20 per instance.

Local Police Departments or Sheriff's Offices

Local law enforcement acts as the main repository for this information. Individuals may visit them during working hours, provide their government-issued photo identification, connect with the party of interest, and fill out any request form. It would be advisable to call the station ahead and ask about the requirements for a warrant search before heading there. Some agencies provide for mail or online requests, but it depends on the County. The costs for warrant searches also vary depending on the jurisdiction.

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