How Much Does It Cost to Expunge a Criminal Record in South Dakota?

A past arrest or conviction can haunt your ability to secure housing, find employment, or obtain a professional license. In South Dakota, the legal process of clearing your name is known as expungement. While the state provides a clear pathway to seal certain records, the financial aspect of this process can be confusing for many residents. Understanding the exact costs-including lawyer fees, mandatory background checks, and hidden administrative expenses-is the first step toward getting a clean slate.

Because the consequences of making a procedural mistake can result in a judge denying your request, hiring a legal professional is highly recommended. You can browse our US Attorneys directory to find an experienced local criminal defense lawyer who can help you navigate the South Dakota Unified Judicial System. Below, we break down the financial realities of clearing your record.

The Cost of Sealing an Arrest Record vs. Governor's Pardon

The total cost of clearing your criminal history in South Dakota depends entirely on how your case was resolved. There is a massive procedural and financial difference between sealing an arrest record (where you were never convicted) and trying to clear a guilty conviction.

If you were arrested but the charges were dismissed, dropped, or you were acquitted at trial, you can file a motion for expungement under S.D. Codified Laws § 23A-3-27. Under S.D. Codified Laws § 23A-3-28, filing a motion for expungement requires paying a clerk of court filing fee equal to a civil action (typically $70 to $72, submitted with Form UJS-391, South Dakota, Unified Judicial System, Motion for Expungement and Statement of Mailing), unless waived by the court due to indigency. While minor municipal violations and Class 2 misdemeanors are automatically sealed after five years without new offenses under S.D. Codified Laws § 23A-3-34, more serious adult convictions cannot simply be expunged through a standard motion. For higher-level offenses, you must first secure an executive pardon from the Governor. The pardon process is far more extensive, requires an appearance before the South Dakota Board of Pardons and Paroles, Sioux Falls, and involves more out-of-pocket expenses for mandatory background checks and publication fees.

Background Check Retrieval and Fingerprinting Fees

Before you can file for an expungement or a pardon, you must obtain a certified copy of your criminal history. This requires a formal request to the South Dakota Division of Criminal Investigation, Pierre (DCI). The DCI charges a standard administrative fee (typically around $26.75) to process a state background check. If a federal FBI background check is required for a pardon application, the fee usually increases to about $43.25.

To run these checks, you must submit official fingerprint cards. You can get fingerprinted at your local police department or sheriff's office. For example, the Minnehaha County Sheriff's Office, Sioux Falls or the Pennington County Sheriff's Office, Rapid City will usually charge a small rolling fee ranging from $10 to $20 to complete your fingerprint cards.

Notary Expenses and Mailing Costs

All petitions, affidavits, and pardon applications must be sworn under oath and notarized. While some banks offer free notary services to account holders, private notaries or mailing centers may charge $5 to $10 per signature. Additionally, you are legally required to serve copies of your expungement motion to the prosecuting attorney and the arresting law enforcement agency via certified mail with a return receipt. This postage typically adds another $15 to $30 to your overall costs.

Attorney Fees for Expungement in South Dakota

While you are legally allowed to represent yourself (pro se), the expungement process requires drafting formal legal pleadings and presenting oral arguments to a judge. Most applicants choose to hire a lawyer to ensure the paperwork is flawless.

Costs for Indigent Applicants

If you are classified as indigent (low-income), you might wonder if there is financial relief available. While public defenders are appointed for active criminal trials, they generally do not handle post-conviction expungements. If you cannot afford the $70 to $72 court filing fee required by S.D. Codified Laws § 23A-3-28, you can petition the court for a fee waiver based on indigency. If approved, the court will waive the filing fee, leaving you responsible only for ancillary costs such as the DCI background check and notary fees. Some non-profit legal aid organizations may offer pro bono assistance to help you draft the required documents if you meet strict poverty guidelines.

How Long Does the Process Take?

The timeline varies significantly based on your specific situation. For a standard expungement of a dismissed charge, once your attorney files the motion, you must provide a mandatory 14-day notice to the prosecutor before the judge can hold a hearing. Overall, a simple expungement takes about 60 to 90 days. A Governor's pardon, however, is a much slower administrative process. Gathering the required letters of recommendation, waiting for the Board of Pardons and Paroles hearing, and waiting for the Governor's final signature can take anywhere from 6 months to over a year.

Frequently Asked Questions (FAQ)