Can a DUI Be Expunged in South Dakota?

Expungement or Sealing in South Dakota

An arrest record can be expunged when no charge was filed, the case was dismissed, or the person was acquitted.

Official source: expungement or sealing (South Dakota)

Waiting Period in South Dakota

1 year after the arrest if no charge was filed, or 1 year after a formal dismissal; any time after an acquittal

Official source: waiting period (South Dakota)

Rules in South Dakota

Apply to the court that would have had jurisdiction over the crime.

Official source: rules (South Dakota)

How Long It Counts for Repeat Offenses in South Dakota

10 years.S.D. Codified Laws §§ 32-23-4.1, 32-23-4.9

Official source: how long it counts for repeat offenses (South Dakota)

More on DUI Law in South Dakota

See the full overview of DUI laws in South Dakota and read about how long a DUI stays on your record.

• South Dakota DUI Penalties: First, Second and Third Offense
• DUI License Suspension in South Dakota: Hearing Deadline and Hardship License
• SR-22 Insurance After a DUI in South Dakota
• Ignition Interlock Rules in South Dakota
• Refusing a Breath or Blood Test in South Dakota

Frequently Asked Questions