South Dakota Misdemeanors

A misdemeanor is a criminal offense that is less serious than a felony but more serious than a non-criminal infraction. In South Dakota, misdemeanors are classified into two categories, namely Class 1 and Class 2. Unless a specific statute sets different terms, a Class 1 misdemeanor is punishable by up to one year in a county jail and/or $2,000 or less in fines.

The penalty for a Class 2 misdemeanor includes up to 30 days in jail and/or $500 or less in fines. By contrast, the sentence for a felony crime includes incarceration in state prison for more than one year.

What Is a Misdemeanor in South Dakota?

South Dakota law defines penalties by class rather than lettered tiers. Class 1 misdemeanors include a broad range of offenses. They involve simple assault under certain subsections, retail theft at lower amounts, and many first-time impaired-driving offenses. Class 2 misdemeanors encompass lower-level offenses as specified by statute.

A first-offense DUI under SDCL 32-23-1 is classified as a Class 1 misdemeanor and carries court-ordered license consequences and criminal penalties. Repeat and aggravated DUI may be elevated to felony charges under statutory provisions.

Misdemeanor Classes and Penalties in South Dakota

South Dakota’s law outlines maximum punishment for misdemeanors unless otherwise stated by statute:

• Class 1 misdemeanor: This attracts up to 1 year in county jail and/or a ≤ $2,000 fine.
• Class 2 misdemeanor: Individuals are sentenced to 30 days or less in county jail or a maximum fine of $500 or less when convicted of this crime.

Certain offenses carry additional penalties such as mandatory minimums or administrative sanctions beyond the general misdemeanor classification. A first DUI remains a Class 1 misdemeanor but also triggers a driver’s license revocation and substance abuse evaluation as set in the DUI-specific statutes.

Courts may impose certain conditions permitted by law or local sentencing grids, such as probation, restitution, community service, no-contact orders, and treatment conditions. Sentencing decisions are informed by factors such as annual fine and bond schedules. They are distributed to clerk-magistrates for commonly charged offenses.

Misdemeanor Court Process in South Dakota

South Dakota’s Circuit Courts are the state’s trial courts of general jurisdiction. Magistrate Courts, operating under the supervision of the circuit courts, also handle misdemeanor criminal cases and small claims cases and conduct preliminary hearings in criminal proceedings. Defendants are entitled to jury trials with procedures for juror selection and trial practice governed by Title 23A. Magistrate courts may utilize the county’s petit jury panels as prescribed by law.

Typical process from stop to sentencing.

1. Citation or arrest: A formal complaint is filed in the appropriate court (often a magistrate for misdemeanors).
2. Initial appearance/arraignment: The defendant is informed about their rights. Also, court-appointed counsel is available for indigents facing jail time. At this stage, bond and release conditions are set by the court.
3. Pre-trial proceedings: Discovery, legal motions, and plea negotiations help to shape the outcome of the case and promote fairness. Also, certain circuits offer diversion programs or problem-solving dockets when authorized.
4. Trial: Bench or jury trials are conducted according to criminal procedure rules. If convicted, the court proceeds to sentencing under the applicable statute.
5. Sentencing: This may include jail time (served locally in county jail), a fine, and probation. It may also involve participating in statutory programs such as DUI education or ignition interlock requirements.

Misdemeanor Records in Major South Dakota Cities

South Dakota’s Unified Judicial System (UJS) offers centralized tools for accessing records and making payments online:

• Statewide docket summaries. The Public Access Record Search portal (PARS) provides statewide, name-based summaries for criminal and protection-order cases. At present, a non-refundable fee of $20 is charged per search, regardless of whether records are found.
• Document images (eCourts). Public document images (where available) may be purchased online (a copy may be obtained for $0.10 per page, with a maximum charge limit per document).
• Public terminals. Each courthouse provides public access computer terminals for viewing open court records without incurring a PARS fee.
• Online payments (UJSePay). The public may pay fines, fees, court costs, and restitution related to criminal cases online via the UJS ePay portal.

City snapshots

• Sioux Falls (Minnehaha County). Proceedings areheld in the Second Judicial Circuit(Sioux Falls). The public may use the PARS for statewide case lookup and the UJSePay for eligible payments. The Minnehaha County website offers links to court livestreams and other court information. For certified copies, individuals may contact the Minnehaha County Clerk of Courts.
• Rapid City (Pennington County). Cases are heard in the Seventh Judicial Circuit. The Pennington County Clerk of Courts provides direct phone numbers for both civil and criminal divisions. Payments are processed through the UJSePay portal, and document images are available through the eCourts system.
• Aberdeen (Brown County). The Fifth Judicial Circuitis located in Aberdeen. The Brown County Clerk of Courts provides certified copies, and the public may utilize the PARS system to obtain court records. Alternatively, records are available on the public terminals at the courthouse. The public may view records on these terminals, as they remain one of the fastest means of accessing court records.

What you typically see online: Publicly available information includes party names, case numbers, charges with statutes cited, calendars/hearing events, dispositions, sentences, and outstanding balances. Official records are available from the clerk of court. Nevertheless, both sealed and expunged records are not accessible to the public.

How to Search for Misdemeanor Records in South Dakota

In South Dakota, misdemeanor records are available via any of the following methods:

1. Via the UJS Public Access Record Search website, you may view a summary of criminal case information statewide. Each name-based search costs $20 at the time of submission.
2. Interested parties visit the appropriate Clerk of Courts office to search open records at a public terminal without paying the PARS fee. Staff are available to assist with printing and certified copy requests.
3. Through the eCourts portal, you may purchase PDF copies of public filings at the statutory rate per page. Nevertheless, not all documents are available online.
4. You may use the UJSePay to pay fines, costs, and restitution in criminal cases. Your case number and name are typically required to complete the process.
5. For certified copies, individuals may contact the county Clerk of Courts (COCs) where the case was filed (Minnehaha, Pennington, andBrown Counties). Furthermore, you may make inquiries to the COC about certification fees and pickup or mail delivery.

How Long Does a Misdemeanor Stay on Your Record in South Dakota?

South Dakota offers several pathways to seal or remove misdemeanor records. This depends on factors such as your previous arresthistory and whether the case was diverted/dismissed or you were convicted.

Automatic removal (limited to minor offenses)

Under SDCL 23A-3-34, any charge or conviction in a case where the highest offense is a petty offense, municipal ordinance violation, or Class 2 misdemeanor is automatically sealed five years after the final judgment. This applies if all conditions stated by the court are satisfied and there are no new convictions during the five years. The sealed record remains accessible to court personnel and may further be used for legalenhancement as permitted by law. (In 2021, this waiting period was reduced from 10 years to 5 years.)

Expungement of arrests and non-convictions (by motion)

South Dakota authorizes the expungement (sealing) of cases resolved without conviction. A petition may be filed one year after arrest if no charges were filed or a year after dismissal/acquittal. A petition is filed showing that expungement serves justice and benefits both the interests of the public and the petitioner.

This restores a person’s status as if the incident never occurred. Although an expungement only seals records, it does not destroy them. Forms and instructions are provided by the UJS portal*.

Suspended Imposition of Sentence (SIS) and discharge

Courts may grant a Suspended Imposition of Sentence (SIS) and place an eligible defendant on probation. Upon successful completion, the case is dismissed without a conviction and sealed from public view.

A person may be privileged to undergo this procedure (SIS) under the applicable provisions. A nonpublic record is retained by the Division of Criminal Investigation (DCI) as required by statute or local practice. (Practically, many South Dakotans use SIS to request a sealed record after completing probation.)