The South Dakota Division of Criminal Investigation Identification Department is the agency in charge of background checks for the state. They offer two types, both processed via fingerprints. The first is a state-only background report and is available to employers and individual who want a copy of their own record. The second type is a combined SD/FBI background report, and these are only available to state-mandated agencies and employers who are required by law to use them before hiring. Requestors can call to order free fingerprint kits. If someone other than the subject is requesting they need to get a signed authorization form from the person. The cost of the state-level background information is $26.75. The price for a state and FBI background information is $43.25.
A South Dakota background check will show primarily criminal history information along with personal details. Usually, they start with the name, address, gender, race, age, date of birth, aliases, along with height, weight, and other physical descriptors. After that, they typically include arrests, warrants, convictions, and incarcerations. Often they will also include mug shots, bail, bond, fines, parole, and probation information as well.
The primary purpose of an SD background report is for employment. Some types of organizations and agencies are required by law to run a background check on someone before hiring. Things like nursing, the legal profession, banking, and government jobs are a few required to use them.
There are also public background reports that individuals and companies can use to find someone’s information, lookup court details, check out a new roommate, date or business vendor and look into their own background to see what comes up. These types of informal background reports will contain:
Marriages and Divorces
Auto, Vessel, Aircraft Ownership
Current and Past Addresses
Phone and Email Address
Relatives and Associates
Social Media Accounts and More
These public reports are generated from various public and private sources for the purpose of looking up someone’s address or contact information, checking out a new neighbor, date or business partner or looking into a potential new roommate before letting them move in.
The state does not supply criminal history information to the general public without the subject’s signed consent. They do offer a South Dakota criminal background check in two flavors: state-only and state/national. When requesting, users must use specific forms and pay a fee. Every subject must also be fingerprinted. The state does offer free fingerprint kits upon request. The Unified Justice System also allows public searches of criminal court records, but they charge a $20 per record fee.
South Dakota is not a point of contact, and they do not require any state-level background reporting be performed before the sale of firearms. Therefore, licensed gun dealers are subject to federal law, and they must contact the FBI to use NICS to perform the background check before selling to buyers in the state. Private sellers are not required to run a background check on any buyers. The state completed 81,641 background checks so far for 2018 related to the purchase of firearms.
On average 90,693 gun checks annually are being conducted through NICS in California.
Many types of businesses are required by the local law to run a background check on potential employees. A few examples are “school employment, Board of Nursing, Board of Bar Examiners, Division of Banking and Municipalities.” South Carolina has only one small law regarding how private employers can use background information during their hiring process.
The only law that South Dakota has regarding how employers can use background checks in their hiring process is outlined in the Department of Labor brochure called “Pre-Employment Inquiry Guide.” In it, they specify that employers cannot ask about arrests, convictions or court records unless they directly relate to the job the person will be performing. Employers, however, are subject to federal laws and must comply with both The Fair Credit Reporting Act(FCRA) and Title VII of the Civil Rights Act of 1964 when using South Dakota criminal background checks during the hiring process.
According to The Fair Credit Reporting Act, when using sites like InfoTracer to obtain a background report, the information cannot legally be used to determine credit, employment, tenant screening or any other eligibility requirements for business or professional use.
In 2017, there have been 32 victims of online romance scams in South Dakota, resulting in $1.4 million adjusted losses associated with these complaints.
|Age Group||Count||Amount Loss|
|20 - 29||50||17,928|
|30 - 39||62||107,346|
|40 - 49||36||218,910|
|50 - 59||77||371,868|