South Dakota

CNCS provides this state by state guide for informational purposes only and makes reasonable efforts to ensure the quality of the information. You are responsible for determining the suitability of the information and your use of the information in this guide, and for compliance with NSCHC requirements (45 CFR 2540.200 - .207). CNCS makes no express or implied warranty, no representation, nor assumes any legal liability or responsibility for the accuracy, correctness, timeliness, or completeness of any information in, or available through, this guide. The information in this guide is presented in good faith and believed to be correct. You assume the risk of relying on the information contained in this guide. Links to non-CNCS websites are provided for informational purposes only.

CNCS is not responsible for the content of non-CNCS websites. CNCS neither endorses the information, content, presentation, or accuracy nor makes any express or implied warranty regarding external websites or any commercial product or service.

If you identify information that is outdated, please notify us at CHC@cns.gov.

South Dakota is a closed records state.
Some form of criminal history information is open to the public in “open records” states. In “closed records” states, access to criminal history information is not generally available to the public, but is available to authorized entities (e.g. law enforcement agencies).
 

Contact Information

Office of the Attorney General, Division of Criminal Investigation
Phone: (605) 773-3331

 

State Checks 

General Information on State Checks:

  • While two options for types of state checks are listed below, name-based and fingerprint-based, only one type of state check is required. CNCS does not recommend one of these checks over the other. Either the name-based state check or the fingerprint-based state check is acceptable.
  • Please note that to be in compliance with CNCS requirements, recipients may have to conduct checks in up to two states: the  state of service/work check on individuals in covered positions, as well as a state of residence check (i.e. if the state of residence is different from the state of service/work at the time of application).


Name-Based State Checks

Available from: Office of the Attorney General, Division of Criminal Investigation
 
What is released: Either a letter stating no record was found or a letter stating that a computer print-out of the criminal record is enclosed as a result of the technical search. The response is mailed to whomever is specified on the signed authorization.
 
Cost: $24.00
 
How long does it take to obtain results? 5 business days once request is received, plus mail time
 
Additional notes: The Authorization and Release Form is available here: http://atg.sd.gov/docs/AuthReleaseForm.pdf. Organizations must have individuals on whom they are running checks complete this form and submit it along with the request. 

 

Fingerprint-Based State Checks

Available from: Office of the Attorney General, Division of Criminal Investigation
 
What is released: A copy of any criminal history that is found or a letter stating that there is no criminal history for the individual. 
 
Cost: $24.00
 
How long does it take to obtain results? Generally 5 days once request is received plus mail time
 
Available to: Organizations 
 
Additional notes
A state applicant fingerprint card and any other necessary supplies are available through the DCI Identification Section at no cost by calling 605-773-3331
You must take the fingerprint card to your local law enforcement agency, either a local police department or sheriff’s office, to be fingerprinted. These agencies may charge an additional fee for the cost of fingerprinting. 
The Authorization and Release Form is available here: http://atg.sd.gov/docs/AuthReleaseForm.pdf
Organizations must have individuals on whom they are running checks complete this form and submit it along with the request. 
The Midwest Automated Fingerprint Identification Network (MAFIN) is a shared regional database including Minnesota (host computer site), North Dakota, and South Dakota. The MAFIN system enables speedy comparison of fingerprints and detects matching records under alias names got all records among the three states. 
 

Approved Alternative Repositories 

State repositories are institutions that house and maintain the arrest and disposition (or outcome) information for cases handled in that state. Each state has a central repository, and CNCS has designated one in each state that grantees must use. In some cases, generally when a different institution is able to provide information that is equivalent to what is provided by the state repository, CNCS may designate them as an Approved Alternative Repository.
None at this time. 
 

FBI Checks 

 
State Repository Provides FBI Checks: Yes, for certain organizations (see below)
 
Available to: Organizations that are legislatively mandated to perform FBI criminal history checks, including South Dakota schools, Board of Nursing, Board of Bar Examiners, etc. 
 
Additional notes: If your organization is legislatively required to conduct an FBI check, the DCI offers a package deal for the state and FBI check: $43.25 total ($24.00 state and $19.25 for FBI check). 
 
CNCS FBI Channeler:  Organizations that cannot successfully use the state repository for FBI checks may use CNCS’s FBI-approved Channeler, Fieldprint, for FBI checks. 
 
Cost: The cost for one FBI check through Fieldprint is $27.50. 
 
How long does it take to receive results? The majority of checks conducted electronically take no more than two business days from the date the fingerprints are captured. If an applicant does not live near a Fieldprint livescan location and fingerprints must be taken manually and mailed, it will take longer to receive the results. See the Fieldprint Guide and FAQ (linked below) for more information.
 
More information
Fieldprint Guide and FAQs: https://www.nationalservice.gov/FBIGuidance (see document, “Using Fieldprint as an FBI Channeler – A Guide for CNCS Recipients”)
Fieldprint website: http://www.fieldprintcncs.com/ 
 

NSOPW (National Sex Offender Public Website) Check

A required component of the NSCHC is a nationwide check of NSOPW.gov before an individual begins work or service in a covered position. Please note that a compliant nationwide NSOPW check must include reports from all states, territories, and tribes. If any state, territory, or tribe is unavailable at the time the NSOPW check is conducted, you must either run a nationwide NSOPW check again through NSOPW.gov and ensure that all entities are reporting, or run a separate check for each entity that is not reporting through the state sex offender registry website.

Please note that a check of a single state’s sex offender registry alone is not sufficient to meet the requirements of the nationwide NSOPW check requirement. The information provided in the State Sex Offender Registry Information section is for reference purposes only in the event that a single state sex offender registry check is necessary to supplement an incomplete nationwide NSOPW check.

 

State Sex Offender Registry Information

South Dakota Sex Offender Registry: http://sor.sd.gov/ 

 

Individuals Requesting Criminal History Records (versus Organizations)

1. A state applicant fingerprint card and all necessary supplies are available through the DCI Identification Section at no cost by calling (605) 773-3331.
2. This fingerprint card must include the applicant's name, date of birth, gender and social security number. Incomplete requests will be returned to requestor.
3. The authorization and release form printed on the back of the card must be completely filled out and signed. Be sure to include the correct address (program address) to which the response should be sent.
4. The fingerprint card must also include a fully rolled set of fingerprints per SDCL 23-5-12.
5. Take the fingerprint card to your local law enforcement agency (Police Department or Sheriff's Office) to be printed. There may be an additional charge by these agencies to cover the cost of fingerprinting.
6. Include a check or money order for $24 with the fingerprint card and signed authorization. Please do not send cash.
7. Upon receipt of all necessary information, fingerprints, signed authorization and fee, the DCI will conduct a state search and supply a copy of any criminal history that is found, or a letter stating that there is no criminal history. These results do not include federal charges, juvenile offenses (unless charged as an adult), sealed records, minor traffic violations or out of state information. Fingerprint cards will be destroyed and will not be returned with the responses.
8. Bring sealed result to program to ensure chain of custody. 


Revised as of 2/24/2017
 

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