📅 2026 Update: Changes in South Dakota Expungement Laws

Since the original article on South Dakota expungement laws was published, several important updates have occurred. The landscape of expungement in South Dakota is now shaped by new legislation and updated procedures that took effect in July 2026. Readers can find detailed information about the earlier laws further down this page.

🔄 2026 Legislative Changes

All 10 bills proposed by South Dakota Attorney General Marty Jackley during the 2026 legislative session became law on July 1, 2026. These changes aim to improve public safety and enhance government transparency. Specific impacts on expungement laws include updates to eligibility criteria and procedures.

💵 Current Filing Fees

As of July 2026, the civil filing fee for a Motion for Expungement is $70. This fee is applicable unless the court decides to waive it. This marks an important change from previous years, where fees might have varied.

📄 Required Forms and Filing Process

To start the expungement process, individuals must complete and file several specific forms. These include the UJS-390 Instruction Sheet and the UJS-391 Motion for Expungement. Filing begins with the clerk of court in the area where the criminal matter took place.

All forms must be printed single-sided and filled out in black ink.

⏰ Processing Times and Deadlines

After submitting the motion, the court will review the request and may hold a hearing. The time it takes for the court to make a decision can differ based on the court's schedule and the details of the case. For cases dismissed by the prosecuting attorney, individuals have one year from the dismissal date to file for expungement.

📞 Free Help and Resources

Individuals seeking assistance with the expungement process can reach out to the South Dakota Unified Judicial System's Legal Form Helpline at 1-855-784-0004. They also provide a "Guide to Representing Yourself in South Dakota Courts," which can help navigate the process.

📌 Key Takeaways

  • Legislative updates from July 2026 enhance expungement laws.
  • The filing fee for a Motion for Expungement is $70 unless waived.
  • Multiple forms are required to initiate the expungement.
  • Processing times vary; individuals must file within one year of a case dismissal.
  • Free resources are available through the South Dakota Unified Judicial System.

💡 Tips for Navigating Expungement Laws

It's essential to review your specific situation with an attorney for the best approach to expungement.

📝 Understand the Eligibility Criteria

Make sure you meet the eligibility criteria for expungement. You may qualify if a year has passed since your arrest without charges, or if your case was dismissed or you were acquitted.

📅 Keep Track of Deadlines

Be aware of the filing deadlines. If your case was dismissed, you have one year from the dismissal date to file for expungement. Missing this deadline could prevent you from pursuing expungement.

📄 Complete All Required Forms

Ensure you fill out all necessary forms accurately. These include the Motion for Expungement and accompanying documents. Incomplete forms can delay the process or result in denial.

📞 Utilize Free Resources

Take advantage of free resources available through the South Dakota Unified Judicial System. Their Legal Form Helpline can assist with questions regarding the expungement process and required forms.

⚖️ Consider Self-Representation

While individuals can represent themselves, understanding the process is crucial. The Unified Judicial System offers guides that can help you navigate self-representation effectively.

🔍 Double-Check Your Submission

Before submitting your motion, review all documents to ensure they are complete and correct. This can save time and help avoid unnecessary delays in the expungement process.

🏆 Free Options Ranked by User Reviews (2026)

No national paid services in this area met the review threshold for inclusion. Instead, this section lists free government and nonprofit resources that may assist individuals with expungement in South Dakota.

🥇 1. South Dakota Unified Judicial System

The South Dakota Unified Judicial System offers a range of resources for individuals seeking expungement. They provide detailed instructions on filling out forms and the filing process, along with a Legal Form Helpline for direct assistance.

🥈 2. Legal Form Helpline

The Legal Form Helpline, part of the South Dakota Unified Judicial System, assists individuals with questions related to the expungement process. They can guide you through filling out forms and understanding requirements, ensuring you have the necessary information.

🥉 3. Guide to Representing Yourself

This guide is provided by the South Dakota Unified Judicial System to help individuals represent themselves in court. It covers the basics of the judicial process and offers insights into self-representation, making the expungement process more accessible.

4️⃣ Public Information Officer

For inquiries about the South Dakota Unified Judicial System, you can contact the Public Information Officer. They can provide general information about court processes and help clarify any questions related to expungement laws.

🔎 What to Check Before Paying for Help

  • 🔍 Verify the legitimacy of any service claiming to offer expungement assistance.
  • ⚠️ Check for reviews or ratings from other users to ensure reliability.
  • 📋 Confirm the costs involved; legitimate services should be free or low-cost.
  • 🗣️ Look for recommendations from trusted sources, like government websites.

❓ Frequently Asked Questions

❓ What is the expungement process in South Dakota?

The expungement process involves filing a Motion for Expungement with the clerk of court. You must also complete several required forms, and the court will review your petition, which may include a hearing.

📅 How long does the expungement process take?

Processing times can vary based on the court's schedule and the specifics of your case. After filing, it may take time for the court to review your motion and decide.

💵 Are there any fees for expungement?

As of July 2026, there is a $70 filing fee for a Motion for Expungement. However, this fee may be waived by the court in certain situations.

📄 What forms are required for expungement?

You need to complete several forms, including the Motion for Expungement and the Case Filing Statement. All forms must be filled out accurately and submitted to the appropriate jurisdiction.

📝 Can I represent myself in the expungement process?

Yes, individuals can represent themselves in the expungement process. Resources are available to help guide you through the necessary steps.

📞 Where can I find help with the expungement process?

You can contact the South Dakota Unified Judicial System's Legal Form Helpline for assistance. They offer guidance on filling out forms and understanding the expungement process.

⚖️ Recent Court Cases Related to Expungement

Recent court rulings have addressed important aspects of expungement laws in South Dakota, impacting how individuals can navigate the process.

For more recent rulings, check the news section.

End of October 2026 Update





South Dakota courts have the ability to expunge records. Expunging can mean various things such as obliteration, sealing or destruction of criminal records. Expunging a record takes away the general public's ability to easily look up and find the information regarding that record. It gives the person whose record were expunged the legal right to deny all involvement in criminal activity relating to the expunged records.

 


South Dakota Expungement Laws

While the public will not have access to the expunged records, the court system and criminal investigators will still have records for safety and historical purposes. Expunged records may be brought up in future criminal cases involving the person whose record was expunged. The record may also be used to assist a criminal investigation. Any agencies that are in possession of records or information obtained from a record that has been expunged will be required to submit that information to the South Dakota court that heard the expungement case.



Requirements to Expunge a Criminal Record

         The petitioning person is no longer alive.


          The person is at least 75 years old and has not committed an offense in ten years.


         The offense committed is no longer a crime according to the State of South Dakota.


         The misdemeanor offense committed occurred ten years before the request for an expungement.

         


After an acquittal or dismissal of charges, the court may send a written request to the South Dakota State Forensic Laboratory to destroy all DNA and identifiable information of a defendant related to an expunged record. After completion of a sentence including probation, expunging a record will remove all records from public access. The Division of Criminal Investigation in Dakota will have access for possible investigation purposes. 

The person whose record was expunged is free from perjury or accusations of giving false statements if they choose to deny any involvement in the crime on record. Pardons made to expunge records may only be made following a majority vote taking place in the South Dakota Board of Pardons and Paroles.

Juvenile Expungements



Juveniles taken into custody will have their records withheld from public access. This includes names and offenses committed. The records of officers and law enforcement agencies involved in the temporary custody of a juvenile with be stored in a different location than that of adults. Juvenile records may be withheld from expunging if:

         The court orders the records remain public.


         The court orders the child be held for criminal proceedings.


         If there is a criminal investigation or conviction.


         If the juvenile's parents decide to submit the records to the United States military for enlistment purposes.