South Dakota Background Check
Although county courts usually handle criminal cases, there are databases, or repositories, of criminal records kept through the government. The county courts are responsible for submitting their records to these repositories to build an extensive criminal records database in the state.
Employers typically use these databases to extend the range of their background checks beyond the county line. This South Dakota background check will look through the repository for the state-managed in the South Dakota Division of Criminal Investigation Identification Department.
The counties that are included in the search of this database might be Minnehaha County, Pennington County, and Lincoln County. At The Koleman Group LLC, we are proud to process state criminal history searches in 45 states, including South Dakota.
What information can be found on what information is available on a South Dakota State Background Check?
- Jurisdiction in which record is recorded
- Case number
- Filing date
- The degree of offense like a misdemeanor
- Disposition date
Limitations and Restrictions
Each state has laws that restrict or regulate applications of background checks to determine employment-related choices. South Dakota is more lenient than other states in regards in regards to background check regulations and limitations. Employers who require this South Dakota state background check must know about any laws they might face along the way.
Below, we've compiled the most pertinent background check laws enforced in South Dakota.
Ban the Box
South and North Dakota are among the only two states that don't currently have ban-the-box legislation. So, for example, at the level of state laws or city and county ordinances, there's currently no law for South Dakota that bans criminal background checks on job applications or delays screening for background until later during the interview process.
Employers must be aware of any changes in the law, especially as it is evident that the ban the box campaign continues to grow in different states. For example, in 2015, lawmakers in South Dakota discussed the possibility of banning the state's box legislation.
Arrest and Conviction Records
South Dakota employers are legally authorized to conduct inquiries into any conviction or arrest information that is not expunged or sealed. In contrast to other states, where it is required to have an arrest history severely restricted in work contexts, South Dakota has few laws about the issue. However, the department's Division on Human Rights recommends employers look over the arrest and conviction records in a case-by-case manner.
Employers must only inquire about criminal records -- or take action against applicants if the convictions or arrests are "substantially connected" to the job and the duties. The South Dakota Department of Labor endorses these guidelines in its Pre-Employment Interview Guide.
Updated on 2022-06-07 21:33:49 by larry coleman