SD · State Inquiry
Run a Check in South Dakota
Tell us a bit about you and our team will reach out with a custom screening plan tailored for South Dakota.
State Inquiry
Request a South Dakota Screening Plan
South Dakota Background Check Laws: What Employers Need to Know
South Dakota doesn't add its own layer of background check restrictions on top of the federal Fair Credit Reporting Act (FCRA). For employers hiring across South Dakota's healthcare, financial services, and agriculture industries, that means one consistent, federally-governed standard applies statewide, whether you're hiring in Sioux Falls, Rapid City, or Aberdeen.
What This Means for Employers
Because South Dakota defers to federal law, the requirements that matter most are the standard FCRA basics:
- Get written authorization from the candidate before running a check
- Provide clear disclosure that a consumer report may be used for employment purposes
- Follow the adverse action process (pre-adverse and final notice) if a report factors into a decision not to hire
There's no additional state-level paperwork or waiting period to plan around, which makes South Dakota one of the more straightforward states to build a screening process around.
How Criminal Records Are Accessed
South Dakota doesn't offer a public name-based statewide criminal search. The state requires fingerprint submission for a criminal history check through its Division of Criminal Investigation, with courthouse-level searches available as the name-based alternative. Practically, this means most South Dakota criminal screening runs through county courthouse records.
Pass-Through Fees for South Dakota Records
| Record Type | Fee |
|---|---|
| Criminal county search | Varies by county — county clerk offices each set their own record access fee |
| Criminal statewide (SD Division of Criminal Investigation Identification Section) | No public name search available; South Dakota requires fingerprints for a state criminal history check, apart from courthouse searches |
| Motor vehicle record | $5.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from South Dakota Employers
Does South Dakota have its own Ban-the-Box law?
No. South Dakota has no statewide Ban-the-Box law for private employers, though some cities or public agencies may have their own hiring policies worth checking separately.
How do I run a criminal check in South Dakota?
Since there's no public name-based statewide search, checks generally run through county courthouse records, or through a fingerprint submission to the state's Division of Criminal Investigation.
Do I need a separate authorization form for South Dakota?
No. Since South Dakota doesn't require anything beyond FCRA, a standard federal disclosure and authorization form is sufficient.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
