South Dakota Background Check Laws for Employers
South Dakota background check laws give private employers wide latitude, yet several state rules still shape every hire.
This guide explains the federal FCRA steps, lookback limits, record sealing, driving records, and industry statutes in plain language.
South Dakota Background Check Laws at a Glance
South Dakota has no state version of the Fair Credit Reporting Act.
Instead, the federal FCRA governs every employment background check that a screening company prepares.
Still, state statutes control record sealing, court access, driving records, cannabis testing, and licensing decisions.
The table below lists each rule, its citation, and the agency that administers it.
| Topic | South Dakota Rule | Statute or Regulation | Administering Agency |
|---|---|---|---|
| Consumer reports | No state mini-FCRA; federal rules apply | 15 U.S.C. § 1681 et seq. | FTC and CFPB |
| Ban the box | No private or public statewide law | None enacted | Not applicable |
| Hiring inquiries | Statute does not address criminal-history questions; an agency guide calls unrelated record questions “suspect” | SDCL 20-13-10 (Human Relations Act) | Dept. of Labor and Regulation, Division of Human Rights |
| Minor case removal | Petty offenses and Class 2 misdemeanors leave the public record after 5 years | SDCL 23A-3-34 | Unified Judicial System |
| Arrest expungement | Petition after 1 year with no charge or a dismissal | SDCL 23A-3-26 to 23A-3-27 | Circuit courts |
| Suspended imposition (SIS) | Records sealed after discharge | SDCL 23A-27-13, 23A-27-17 | Circuit courts |
| State rap sheet | Fingerprint-based; subject may authorize release | SDCL 23-5-10 to 23-5-12 | Attorney General, DCI Identification Section |
| Driving records | Personal data released with express consent | SDCL 32-5-143 to 32-5-146; 18 U.S.C. § 2721 | Dept. of Public Safety, Driver Licensing |
| Medical cannabis | Positive tests may bar safety-sensitive jobs | SDCL 34-20G-22 | Dept. of Health |
| Occupational licenses | Boards may deny only for directly related convictions | SDCL 36-1C-17, 36-1C-18 | State licensing boards |
How the FCRA Governs South Dakota Employment Screening
South Dakota never passed its own consumer reporting act.
As a result, federal law sets the process for every South Dakota employment background check.
The Federal Trade Commission explains these duties in its guide, Using Consumer Reports: What Employers Need to Know.
Employers follow four steps with every applicant.
Give a Standalone Disclosure
Hand the applicant a clear written notice that you may order a consumer report.
Keep it separate from the job application.
Get Written Authorization
Collect the applicant’s signed consent before you order any search.
An electronic signature works as well.
Send a Pre-Adverse Action Notice
Share a copy of the report and the Summary of Rights before you decide.
Then allow a reasonable time, often five business days, for a response.
Send the Adverse Action Notice
Name the screening company and explain the right to dispute.
Also state that the company did not make the decision.
South Dakota does add one credit-file wrinkle.
Under SDCL chapter 54-15, consumers may place a free security freeze on their credit files.
A frozen file can therefore delay an employment credit report until the applicant lifts the freeze.
How Far Back Does a Background Check Go in South Dakota?
South Dakota has no state statute that caps the lookback period for criminal background checks.
Instead, Section 605 of the federal FCRA, 15 U.S.C. § 1681c, sets the time limits.
The Federal Trade Commission and the Consumer Financial Protection Bureau enforce that law.
Non-Conviction Records
Arrests, dismissals, and other non-convictions drop off after seven years.
Criminal Convictions
The FCRA lets screening firms report convictions regardless of age.
Salary Exemption
For jobs paying $75,000 or more, the seven-year limit does not apply.
Automatic Removal
Minor South Dakota cases leave the public record under SDCL 23A-3-34.
However, state sealing laws shrink what a report can lawfully show.
Under SDCL 23A-3-34, the court system removes petty offenses, ordinance violations, and Class 2 misdemeanors after five years.
That removal happens only when the person satisfies every court condition and gains no new conviction.
Similarly, a suspended imposition of sentence (SIS) leads to sealed records once the court discharges the defendant.
Expunged and sealed cases should never appear on a compliant report.
Does South Dakota Have a Ban-the-Box Law?
No, South Dakota has not enacted a ban-the-box law for private employers or state agencies.
Employers may therefore ask about criminal history on the application itself.
Even so, the question should relate to the job.
The Division of Human Rights administers the South Dakota Human Relations Act, SDCL chapter 20-13.
Its pre-employment inquiry guide labels record questions “not substantially related to functions of employment” as suspect.
However, SDCL 20-13-10 itself does not address criminal-history questions.
As a result, only federal Title VII disparate-impact principles limit them.
The EEOC’s arrest and conviction record guidance asks employers to weigh three factors.
Those factors cover the nature of the offense, the time elapsed, and the job sought.
Consequently, blanket bans on anyone with a record invite Title VII risk.
South Dakota Criminal Background Check Sources and Sealing Rules
Employers can reach South Dakota criminal records through two government channels.
Division of Criminal Investigation (State Rap Sheet)
The Attorney General’s Division of Criminal Investigation keeps the state criminal history file under SDCL 23-5-10.
By law, SDCL 23-5-11 keeps that file confidential and exempt from public records requests.
However, SDCL 23-5-12 lets a person authorize release of his or her own record.
The DCI Identification Section processes these checks by fingerprint only.
Applicants must use a Live Scan machine located in South Dakota.
DCI charges $30 for a state check and $50 for a combined state and FBI check.
Unified Judicial System Court Search
The Unified Judicial System offers a statewide name-based court search.
Its Public Access Records Search charges $20 per search, even when no record appears.
Coverage runs from 1989 to the present, while sealed cases stay hidden.
For faster results, BCS Background Screening LLC runs a real-time South Dakota statewide criminal search for employers.
Expungement and Sealing Laws
- Arrest expungement: SDCL 23A-3-27 allows a petition one year after an arrest with no charge or a dismissal.
- Acquittals: A person may seek expungement at any time after acquittal.
- Diversion: SDCL 23A-3-35 through 23A-3-37 expunge a case once the person completes diversion.
- SIS sealing: SDCL 23A-27-17 seals every record after discharge and restores pre-arrest status.
- Automatic removal: SDCL 23A-3-34 clears minor cases after five clean years.
Notably, SDCL 23A-27-17 shields a discharged person from perjury charges for not disclosing the sealed case.
The Collateral Consequences Resource Center tracks each of these relief options.
What Shows Up on a South Dakota Background Check?
A South Dakota employment background check shows only what the employer orders and the law allows.
Most packages combine identity, criminal, and verification searches.
What Can Appear
- Felony and misdemeanor convictions, regardless of age
- Pending charges and open cases
- Non-conviction records from the last seven years
- Sex offender registry entries
- Driving history, license status, and traffic violations
- Past employment and education verifications
- Credit history for roles with a valid business need
What Should Not Appear
- Expunged arrests, dismissals, and acquittals
- Sealed suspended imposition of sentence cases
- Diversion cases that the court expunged
- Minor cases removed under SDCL 23A-3-34
- Non-convictions older than seven years for jobs under $75,000
Accuracy matters just as much as scope.
Under 15 U.S.C. § 1681e(b), screening firms must follow reasonable procedures to ensure maximum possible accuracy.
For that reason, BCS Background Screening LLC verifies each record’s identifiers and final disposition before it reaches a report.
How Long Does a South Dakota Background Check Take?
Turnaround depends on the searches you order.
Name-based court searches often return within one business day.
By contrast, DCI fingerprint checks take longer, because the state processes prints and may forward them to the FBI.
Verifications of past employers and schools depend on how quickly those sources respond.
How to Evaluate a Criminal Record in South Dakota
South Dakota law does not prescribe a fair chance process for private employers.
Nevertheless, a consistent review protects your company under Title VII and the Human Relations Act.
Follow these steps whenever a report returns a conviction.
- Confirm the match. Compare the full name, date of birth, and other identifiers.
- Check the disposition. Rely on convictions and pending charges, not on arrests alone.
- Weigh the offense. Consider its nature, its age, and its link to the job duties.
- Invite a response. Let the applicant explain rehabilitation, errors, or mitigating facts.
- Document the decision. Record your reasoning and keep it with the file.
Moreover, apply the same standard to every applicant for the same role.
Consistency gives you the strongest defense if someone later challenges a hiring decision.
South Dakota Driving Record Rules for Employers
The Department of Public Safety’s Driver Licensing Program maintains South Dakota driving records.
A standard driving record abstract generally shows activity from the past three years.
State privacy statutes, SDCL 32-5-143 through 32-5-150, limit who may receive personal data from these records.
Under SDCL 32-5-146, the state releases that data once a requester shows the driver’s express consent.
Likewise, the federal Driver’s Privacy Protection Act sets matching limits nationwide.
Commercial carriers face stricter duties.
Under 49 CFR 391.23, carriers must pull a three-year driving record for each new CDL driver.
Additionally, they must review each driver’s record every year.
Credit Checks, Salary History, and Medical Cannabis in South Dakota
Employment Credit Checks
South Dakota does not restrict employer use of credit reports.
Therefore, the FCRA disclosure, authorization, and adverse action steps govern each credit check.
Even so, limit credit reports to roles that handle money, sensitive data, or financial authority.
Salary History Questions
No South Dakota statute bans salary history questions.
Still, pay decisions must satisfy the state equal pay law and the federal Equal Pay Act.
Medical Cannabis and Drug Testing
South Dakota voters approved medical cannabis through Initiated Measure 26 in 2020.
SDCL 34-20G-22 treats registered patients like people who take prescription medication.
In 2024, however, lawmakers passed Senate Bill 12 to protect safety-sensitive roles.
Since July 1, 2024, employers may reject or discipline safety-sensitive workers who test positive for cannabis metabolites.
The law firm Davenport, Evans, Hurwitz & Smith summarizes that change for employers.
The South Dakota Department of Health runs the patient registry.
Recreational cannabis remains illegal in South Dakota after voters rejected measures in 2022 and 2024.
Industry-Specific South Dakota Background Check Requirements
Several South Dakota industries must run fingerprint checks by statute.
Review the cards below before you hire in a regulated field.
Schools
SDCL 13-10-12 requires fingerprint checks for every hire over 18 at an accredited school.
DCI and the FBI supply the results.
Child Welfare Agencies
SDCL 26-6-14.3 requires fingerprints within 14 days of hire.
The Department of Social Services administers it.
Law Enforcement
SDCL 23-3-42 sets officer standards, including good moral character.
The Law Enforcement Officers Standards Commission enforces them.
Licensed Occupations
SDCL 36-1C-17, enacted in 2024, limits denials to directly related convictions.
Each state licensing board applies it.
Motor Carriers
49 CFR 391.23 requires driving record and safety history checks for CDL drivers.
FMCSA oversees compliance.
Insurance
18 U.S.C. § 1033 bars certain felons from insurance work without written consent.
The South Dakota Division of Insurance regulates licensees.
South Dakota Background Check Costs and Record Retention
Government Search Fees
South Dakota agencies charge fixed fees for their own searches.
- DCI state fingerprint check: $30 per applicant
- DCI state and FBI fingerprint check: $50 per applicant
- UJS statewide court search: $20 per search, charged even when no record appears
DCI does not refund fees, so confirm the applicant’s details before submission.
Protecting Background Check Data
Once you receive a report, you must guard it.
The federal FTC Disposal Rule, 16 CFR Part 682, requires secure destruction of consumer report data.
South Dakota’s breach law, SDCL 22-40-20, also requires notice to affected residents within 60 days of a breach.
If a breach affects more than 250 residents, you must also notify the Attorney General.
South Dakota Employment Background Check Services
BCS Background Screening LLC builds FCRA-compliant screening packages for South Dakota employers.
Combine these searches to match each position’s risk.
South Dakota Statewide Search
Real-time statewide criminal results with researcher review.
County Criminal Court Search
Direct courthouse research in any South Dakota county.
Federal Criminal Search
U.S. District Court records for federal offenses.
Nationwide Criminal Database
A broad locator search that we verify at the source.
SSN Trace
Address history that points you to the right counties.
Motor Vehicle Records
Driving history for delivery, sales, and CDL roles.
South Dakota Employer Background Check Compliance Checklist
Use this checklist to keep each South Dakota hire compliant.
- Give a standalone FCRA disclosure and collect written authorization.
- Limit criminal history questions to offenses related to the job.
- Base decisions on convictions, not on arrests alone.
- Exclude sealed SIS cases, expunged records, and removed minor cases.
- Run fingerprint checks when a statute requires them for your industry.
- Obtain written consent before you order a driving record.
- Define safety-sensitive roles in your cannabis testing policy.
- Send pre-adverse and adverse action notices on time.
South Dakota Employment Screening Laws: Frequently Asked Questions
Does South Dakota have its own version of the FCRA?
No. South Dakota has no state consumer reporting act for employment screening.
The federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., governs every check.
The FTC and the CFPB enforce it, while SDCL chapter 54-15 covers only credit freezes.
How far back can a South Dakota criminal background check go?
South Dakota sets no state lookback cap.
Under 15 U.S.C. § 1681c, non-convictions drop off after seven years, but convictions have no time limit.
Meanwhile, SDCL 23A-3-34 removes minor cases from the public record after five clean years.
Is there a ban-the-box law in South Dakota?
No. South Dakota has no ban-the-box law for private or public employers.
Yet a Division of Human Rights guide treats record questions unrelated to the job as suspect.
However, SDCL 20-13-10 itself does not address criminal-history questions.
As a result, only federal Title VII disparate-impact principles limit them.
Can employers consider sealed or expunged records in South Dakota?
No. SDCL 23A-3-32 restores an expunged person to pre-arrest status.
Likewise, SDCL 23A-27-17 seals suspended imposition cases after discharge.
Circuit courts order these remedies, and compliant reports leave them out.
Which agency provides official South Dakota criminal history records?
The Attorney General’s Division of Criminal Investigation keeps the state rap sheet under SDCL 23-5-10.
Release requires fingerprints and the subject’s authorization under SDCL 23-5-12.
Separately, the Unified Judicial System sells a $20 statewide court search.
Can South Dakota employers check an applicant’s driving record?
Yes, with the driver’s express consent.
SDCL 32-5-146 and the federal DPPA, 18 U.S.C. § 2721, allow release on that basis.
The Department of Public Safety’s Driver Licensing Program maintains the records.
Can employers refuse to hire medical cannabis patients in South Dakota?
Only for safety-sensitive jobs.
SDCL 34-20G-22, as amended by Senate Bill 12 in 2024, permits action on a positive test in those roles.
Otherwise, patients receive the same treatment as people using prescription drugs.
Do South Dakota schools need fingerprint background checks?
Yes. SDCL 13-10-12 requires fingerprint checks for every hire over 18 at an accredited school.
New hires may start on a temporary basis while results are pending.
DCI and the FBI return the results to the school.
Screen South Dakota Applicants With Confidence
BCS Background Screening LLC delivers accurate, FCRA-compliant reports with clear dispositions.
Every user account also offers optional Multiple Authentication Factor (MAF) for added security.
Legal disclaimer: This page offers general information about South Dakota background check laws as of October 2026. It is not legal advice, so consult an employment attorney about your specific situation.