## Can I clear my criminal record in South Dakota? Most people who ever picked up a criminal charge — even one that didn't end in conviction — eventually want to know if they can clean it off their record. The answer in South Dakota is: maybe, depending on the offense, the time that has passed, and the law. ### What South Dakota calls the process Sealing. ### What's typically eligible Most misdemeanors and many felonies after completion of sentence. ### Typical waiting period 5 years for misdemeanors, 10 years for felonies. ### Posture Reasonable but selective — many offenses are eligible, but certain categories (violent, sex, DUI in some states) are usually excluded. ## What's almost always EXCLUDED Across nearly every state, the following categories are usually NOT eligible for expungement, sealing, or set-aside: - Sex offenses (especially those requiring registry) - Violent crimes against a person - Crimes against children - DUI/DWI in many states (in some states it's eligible, in others it's a permanent record) - Federal convictions (state expungement laws don't reach federal court) ## Sealed vs expunged — what's the difference? These terms get used interchangeably, but they're not the same: - **Expungement** generally means the record is destroyed or rendered legally non-existent. You can usually answer "no" when asked about it on most applications. - **Sealing** generally means the record is hidden from the public — including most employers — but still exists for law enforcement and certain government purposes. - **Set-aside / vacate / annulment** vary by state but usually relieve civil disabilities (firearm rights, voting in some places) without destroying the record. Read the statute, or have a lawyer read it for you, so you know which kind of relief you're getting. ## Why this is worth doing A clean (or cleaner) record can: - Open up jobs that run background checks - Restore housing options - Restore professional licenses - Restore firearm rights (in some states) - Restore voting rights (in some states with felon disenfranchisement) - Help with custody and family court matters ## What you should do Petitioning to clear a record requires forms, certified copies of the original case file, fees, and (in most states) notice to the prosecutor. Get it wrong and the petition gets denied — and you may have to wait a long time before you can refile. A South Dakota expungement attorney can usually run an eligibility check quickly and tell you whether to proceed. Many offer flat-fee representation. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Eligibility rules are detail-heavy and change often. Talk to a licensed South Dakota criminal-defense attorney before petitioning.*