South Dakota: record clearing rules
Whether your state clears criminal records automatically, and how long you must wait before you can clear a misdemeanor or felony conviction.
From a statute-cited table| Automatic (clean slate) clearing | Narrow automatic removal for minor misdemeanors |
|---|---|
| Waiting period for a misdemeanor | 5 years (automatic, minor cases) |
| Waiting period for a felony | No fixed wait (suspended imposition only) |
| Law | SDCL 23A-3-34, 23A-27-13 to -17 |
Waiting periods usually start when the whole sentence (jail, probation, fines, restitution) is finished, and a new conviction can restart the clock. Violent, sex and some traffic offenses are often excluded.
General information only, not legal, insurance or financial advice. Not affiliated with any government agency. Exceptions can apply. Confirm with the state agency, the court or a licensed professional in South Dakota.
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How we checked this
Waiting periods come from a statute-cited 50-state survey of adult conviction relief updated in 2026, compared with the Collateral Consequences Resource Center's 50-state categories. Rules often have exceptions for violent, sex and traffic offenses. Last checked: November 12, 2026. Laws change; confirm with the state agency or a licensed professional before acting.
Cross-checked sources agree Checked on official source confirmed on a government, court or legislature site From a statute-cited table one detailed source Under review sources disagree; read the note and the law.