South Dakota Background Check
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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 of submitting their records these repositories in order to build an extensive database of criminal records in the state.

Employers typically use these databases to extend the range of their background checks beyond the county line. For this South Dakota background check will look through the repository for the state that is 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
  • Defendant
  • Charge
  • Filing date
  • The degree of offense like a misdemeanor
  • Disposition
  • Disposition date
  • Sentence

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 a the most pertinent background check laws enforced in South Dakota.

Ban the Box

South as well as North Dakota are among the only two states that don't currently have ban-the-box legislation. 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 delay 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. In 2015, lawmakers in South Dakota discussed the possibility of ban the box legislation in the state.

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 a requirement to have arrest history is severely restricted in work contexts, South Dakota has few laws pertaining to the issue. However the department's Division on Human Rights does recommend employers look over the records of arrest and conviction 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. This is what the South Dakota Department of Labor endorses these guidelines in its Pre-Employment Interview Guide.

Written on 2021-02-02 19:23:22 by larry coleman

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