South Dakota Public Records
You need a quick background check or a copy of a criminal record from South Dakota but want to find the best place to search.
While access isn’t restricted, finding and requesting records can be a bit challenging. Records are kept by different branches of government and by various state agencies, so it can be challenging to know where to start looking.
Those needing to access records have a right to submit a request through the Freedom of Information Act (FOIA).
Every state has different processes, so it’s essential to know the state’s law before requesting any documents.
Table of Contents
- 1 What does the South Dakota public records law say?
- 2 How can I access public records in South Dakota?
- 3 South Dakota Criminal Records
- 4 South Dakota Inmate Records
- 5 South Dakota Court Records
- 6 South Dakota Vital Records
- 6.1 What information do I need to request a South Dakota birth certificate?
- 6.2 Where can I find a South Dakota birth certificate?
- 6.3 What information do I need for a death certificate in South Dakota?
- 6.4 Where can I find a South Dakota death certificate?
- 6.5 What information do I need for a marriage certificate in South Dakota?
- 6.6 Where can I find a South Dakota marriage certificate?
- 6.7 What information do I need for a divorce certificate in South Dakota?
- 6.8 Where can I find a South Dakota divorce certificate?
- 7 South Dakota Property Records
- 8 FAQs
- 8.1 Can a request be submitted by non-residents of South Dakota?
- 8.2 Is there a records custodian in South Dakota?
- 8.3 What exemptions exist for public records requests in South Dakota?
- 8.4 How long does South Dakota have to respond to a public records request?
- 8.5 Is there an appeals process in place for public records requests in South Dakota?
- 8.6 What fees are associated with requesting public records in South Dakota?
What does the South Dakota public records law say?
The South Dakota Public Records Law was updated in 2009 to follow many of the federal Freedom of Information Act suggestions.
You do not have to be a resident to request records from South Dakota.
The South Dakota Open Records Law does not include the judicial system, but you can obtain executive and legislative branch documents.
You should only be charged the actual fee for copying the records. Some prices may be waived if the record release is in the public’s best interest.
You can file an appeal within 30 days to the Hearing Examiner’s Office if you are not granted your records request.
Information may be redacted on the document, which falls under the invasion of privacy, a threat to public safety or security.
To learn more, visit SouthDakota.gov.
How can I access public records in South Dakota?
For public records access in South Dakota, a person must submit a public records request. The request is sent via mail, email, or phone to the record-holding department. Some records are online, and some documents must be requested in writing.
Every department is different, so expect some variation to the rules if you’re accessing records from multiple places.
In general, a public records request should include:
- Your name
- Contact information
- The name of the document
- Details about the document
- A time frame that you would like to receive the materials by
- Document delivery method, mail or email
South Dakota Criminal Records
South Dakota’s criminal record results may provide less detailed information than more thorough background checks.
If there is no “rap sheet” to report, or the person’s record consists only of non-conviction data, you’ll get nothing more than a notice that there is no criminal record
The South Dakota Attorney General maintains criminal records in the state.
What’s on a South Dakota criminal record?
South Dakota provides the following information on a criminal record:
The main information you will find on the criminal records is:
- Date of birth
- Driver license number
- Photograph/mugshot
- Fingerprints
- Current and past addresses
- Former arrest records
- Current and past warrants
- Sex offender status
- Agency of arrest – police department, sheriff’s office, state police, etc.
Where can I find South Dakota criminal records?
Any person who has been arrested for misdemeanors or felonies in South Dakota will be in their State’s Computerized Criminal History system. You can use this system for background searches for employment.
You will visit the Division of Criminal Investigation Identification Department to access a South Dakota criminal record.
To run a background check, the system is 100% fingerprint-based. Records on arrests, bail/bonds, conviction, probation, and facility location are available for a fee.
The cost is $26.75 and requires a signed waiver.
To begin, call 605-773-3331 for a free fingerprint kit.
The fingerprint card must be completed and include the applicant’s name, date of birth, gender, and social security number. The individual inquiring must take the fingerprint card to the local law enforcement agency for printing.
The fee is $26.75 and needs to be in the form of a check or money order.
South Dakota does not store information on persons on probation or persons in the county jails.
South Dakota Inmate Records
South Dakota has six main prisons with the state penitentiary located in Sioux Falls. And, houses over 3,800 inmates.
South Dakota Department of Corrections (DOC) maintains statewide inmate records.
What’s on a South Dakota inmate record?
South Dakota records contain personal information about a person’s incarceration situation.
The Department of Corrections inmate locator provides the following information:
- Name and aliases
- Date of Birth
- Height and weight
- DOC ID
- Booking photo
- Assigned location
- Sentence summary
Where can I find South Dakota inmate records?
You will visit the South Dakota Department of Corrections to access the inmate record using the inmate locator.
To find an inmate, enter the DOC #, last name, and first name of that person.
South Dakota Court Records
Finding court records is one of the trickier records to access because most of the time, you have to get them from a clerk of courts at specific county courthouses.
Conduct a public records search; it helps understand the South Dakota court system.
Courts in South Dakota include the Supreme Court, Circuit Courts, Small Claims Court, and Problem Solving Courts like Drug, DUI, Mental Health, and Veterans Treatment Courts. Knowing which court may hold the files you need makes it easier to track them down.
The Supreme Court in South Dakota is comprised of a chief justice and four associate justices who hear appeals on decisions set forth by the lower courts. The court can advise the state’s governor.
The South Dakota Circuit Courts are the trial courts for criminal and civil cases. The trials for any felony in South Dakota would happen in a circuit court. Civil cases exceeding $10,000 would be tried here.
The Problem Solving Courts were first created to help with an increase in drug cases. Since it was successful, other courts like the Mental Health Court were added to streamline the court system.
The Small Claims Court is organized so that people can sue for losses of money or property. The dollar limit for small claims is $12,000 or less.
You can request criminal cases unless they have been sealed. They are available from 1989 to the present. From 2003 to the present, civil cases can be requested unless sealed. Civil money judgments are found here from April 19, 2004, until the present.
What’s on a court record?
Depending on the time of the case, court records can be pretty lengthy.
Court records that you can obtain are:
- Court minutes
- Case files
- Dockets
- Court opinions
- Orders of the court
- Judgment documentation
- Jury records and files
- Witness documentation
- Case information
Where can I find South Dakota court records?
You will search Public Action Records Search (PARS) for criminal and protection orders.
Enter the system as a guest to use your credit card. The fee is $20.00 even if you have no results.
Civil money judgments can be found using the South Dakota Unified Judicial System
by entering a name and password. Searches covered are judgments from April 19, 2004, to the present.
Searches are by name but also include date ranges. You may search by county. The fee is $4.00 per name, plus a $1.00 handling fee to access the docket. You can use a credit or debit card. You will be charged even if there is no result.
Civil and criminal records can be obtained through email using South Dakota Court Records Email and completing the application. It will cost $20.00 per name.
South Dakota Vital Records
The South Dakota Department of Health maintains vital records in the state.
South Dakota’s vital records include:
- Birth Certificates
- Death Certificates
- Marriage Licenses
- Divorce Decrees
Public record requests for vital records in South Dakota will vary depending on the document you are requesting.
South Dakota Department of Health – Vital Records Department
Vital Records
State Department of Health
207 East Missouri Avenue, Suite 1-A
Pierre, SD 57501
Phone number: 605-773-4961
What information do I need to request a South Dakota birth certificate?
The South Dakota Vital Records Request form will ask for specific information when ordering a birth record.
- Full name on the birth record
- Gender
- Date of birth
- Place of birth
- Parents’ full name
Where can I find a South Dakota birth certificate?
You can order a South Dakota birth certificate online using VitalCheck.
Or, you can request a certified copy of a South Dakota birth record by completing the South Dakota Vital Records Request form and submitting it by mail or in person.
The cost of a certified birth certificate in South Dakota is $15.
What information do I need for a death certificate in South Dakota?
The South Dakota Vital Records Request form will ask for specific information when ordering a death record.
- Full name on the birth record
- Gender
- Date of death
- Place of death
Where can I find a South Dakota death certificate?
You can order a South Dakota death certificate online using VitalCheck.
Or, you can request a certified copy of a South Dakota death record by completing the South Dakota Vital Records Request form and submitting it by mail or in person.
The cost of a certified death certificate in South Dakota is $15.
What information do I need for a marriage certificate in South Dakota?
The South Dakota Vital Records Request form will ask for specific information when ordering a marriage record.
- Spouses’ full names before marriage
- Gender
- The city or county that issued the marriage license
- Date of the marriage
Where can I find a South Dakota marriage certificate?
You can order a South Dakota marriage certificate online using VitalCheck.
Or, you can request a certified copy of a South Dakota marriage record by completing the South Dakota Vital Records Request form and submitting it by mail or in person.
The cost of a certified marriage certificate in South Dakota is $15.
What information do I need for a divorce certificate in South Dakota?
The South Dakota Vital Records Request form will ask for specific information when ordering a divorce record.
- Spouses’ full names before marriage
- Gender
- The city or county that issued the divorce was granted
- Date of the divorce
Where can I find a South Dakota divorce certificate?
You can order a South Dakota divorce certificate online using VitalCheck.
Or, you can request a certified copy of a South Dakota divorce record by completing the South Dakota Vital Records Request form and submitting it by mail or in person.
The cost of a certified divorce certificate in South Dakota is $15.
South Dakota Property Records
The County Register of Deeds maintains all property records in South Dakota.
The property records you can access include:
- Liens
- Land records
- Titles
- Property deeds
- Real estate information
- Mortgages
- Property tax assessment records
- Zoning information
- Probate
- Ordinance compliance
- Building permits
- RFPS information
For data, parcel, and land use maps, you will need to contact the Geographic Information System(GIS) to ask about public access and economic development.
What information do I need to request property records in South Dakota?
You will need basic information to access a public property record in South Dakota.
Local government forms, fees, and office hours will vary depending on the Register of Deeds office.
Where can I find a South Dakota property record?
You will need to contact the Register of Deed’s Office where the property record is maintained.
Example – Minnehaha County Register of Deeds’ office
Minnehaha County Register of Deeds’ Public Records Forms
Minnehaha County Commission Office
415 N. Dakota Ave.
Sioux Falls, SD 57104
Phone number: 605-367-4223
FAQs
Can a request be submitted by non-residents of South Dakota?
Anyone in the United States can submit a request; you do not need to be a state citizen to request records.
Is there a records custodian in South Dakota?
South Dakota does not designate a records custodian. However, you can contact the Office of Hearing Examiners to appeal a public records decision.
What exemptions exist for public records requests in South Dakota?
The state of South Dakota does exempt the judicial courts from public records release. On top of that, 35 other records are exempt. It will be prudent to check to see if the records you are hunting are exempt. A partial exemption list includes:
- financial accounts
- trade secrets
- law enforcement methods
- inmate disciplinary matters
- personal correspondence and notes from public officials
- personal information that invades privacy
- information that could endanger public safety
How long does South Dakota have to respond to a public records request?
South Dakota state government agencies must grant, deny, or extend your request within ten business days.
Is there an appeals process in place for public records requests in South Dakota?
South Dakota does have an appeals process. You must submit your appeal within 30 days after the records release decision.
You can appeal to the Office of Hearing Examiner. If this request fails, you can file with the circuit court within the district which holds the records.
What fees are associated with requesting public records in South Dakota?
Fess charged to an individual requesting records must be kept at that actual cost. A records search can be set at $7.50 an hour, and copying fees are $0.10 a page. Any price over $10.00 needs to be prepaid. If costs exceed $50.00, an estimate must be sent to the requestor.