Accessing Criminal Records
In South Dakota, it is legal for private and public employers to conduct inquiries about an applicant’s criminal history as part of the pre-employment background screening process; this includes reviewing conviction records. NCS makes reading reports easy. Our criminal background checks report convictions and serious pending cases that belong to your applicant.
Employers are not allowed to ask about or consider arrest records that have been expunged, pertain to charges that have been dropped or dismissed or did not lead to conviction may not access sealed records, or require candidates to disclose details regarding arrests or convictions that were expunged from their criminal record. In fact, employers are required to specifically inform candidates that they are under no obligation to share any information regarding expunged charges.
In South Dakota, Class 2 misdemeanor and petty offense convictions are automatically removed from the convicted person’s public records five years after the individual has completed the terms and conditions of the sentence as long as they have not been convicted of another offense.
Ban the Box Policies – South Dakota
South Dakota has not adopted any ban-the-box laws that prohibit employers from asking applicants about their criminal history on their applications. No municipalities or counties have ban-the-box laws.
