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South Dakota background check laws for employers
South Dakota has no ban-the-box, mini-FCRA, 7-year, or credit-check law for private employers, so the federal FCRA steps apply. The main state rules are about records: expunged and sealed records restore the person to their pre-arrest status, and minor cases drop off the public record after five clean years.
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Fair-chance hiring (criminal history)
- No South Dakota statute was found that limits when private employers may ask about or use criminal history.
City and county rules
- No South Dakota city ordinance reaching private employers was found.
State consumer report rules
- No South Dakota law was found that adds employment-screening steps beyond the federal FCRA.
How far back a report can go
- No South Dakota law sets a 7-year or other lookback limit on consumer reports beyond the federal FCRA.
- A person may ask the court to expunge an arrest record one year after an arrest with no charges, one year after a full dismissal, or any time after an acquittal (SDCL § 23A-3-27).
- After an expungement, the person is treated as if the arrest never happened and is not guilty of a false statement for not mentioning it when asked (SDCL § 23A-3-32).
- When a person finishes a suspended imposition of sentence and is discharged, the records are sealed and the person need not mention the arrest or case when asked (SDCL § 23A-27-17).
- Cases where the top charge was a petty offense, city ordinance violation, or Class 2 misdemeanor drop off the public record after five years if all conditions are met and there is no new conviction (SDCL § 23A-3-34).
Credit checks
- No South Dakota law was found that limits employer use of credit reports beyond the federal FCRA.
Common questions
Can South Dakota employers run a background check?
South Dakota has no ban-the-box, mini-FCRA, 7-year, or credit-check law for private employers, so the federal FCRA steps apply. The main state rules are about records: expunged and sealed records restore the person to their pre-arrest status, and minor cases drop off the public record after five clean years.
Does South Dakota have a ban-the-box law for private employers?
No South Dakota statute was found that limits when private employers may ask about or use criminal history.
How far back does a background check go in South Dakota?
No South Dakota law sets a 7-year or other lookback limit on consumer reports beyond the federal FCRA.
Can South Dakota employers run credit checks on applicants?
No South Dakota law was found that limits employer use of credit reports beyond the federal FCRA.
Some rules for South Dakota weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- SDCL § 23A-3-27 (official)
- SDCL § 23A-3-32 (official)
- SDCL § 23A-3-34 (official)
- SDCL § 23A-27-17 (official)
- SDCL ch. 34-12 index (health care facilities) (official)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.