What Defines a Criminal Record in South Dakota?
A criminal record is defined as an official document that records a person’s criminal history. The information is assembled and updated from local, county and state jurisdictions, trial courts, courts of appeals as well as county and state correctional facilities. The standard for criminal record collection and storage varies from county to county, but the majority of South Dakota criminal records are organized in online record depositories that are available to the public in the form of a Criminal Background Report. This report is accessed through a number of courts, police departments and the official South Dakota State Records Online Database. The amount of criminal records information presented on StateRecords.org will vary from individual to individual as well as what resources were used to collect the information, because different sources often have non-standardized state level protocols, storage classifications, requirements, organization and digitization processes. Criminal records in the state of South Dakota generally include the following subjects:
South Dakota Arrest Records
An arrest record is an official document providing information regarding a person that has been questioned, apprehended, taken into custody, placed in detention, held for investigation and/or charged with, indicted or tried for any felony, misdemeanor or other offense by any law enforcement or military authority. In South Dakota, a person can be arrested once they commit a misdemeanor amounting to as minor of an act as a breach of the peace or they commit a felony where there are reasonable grounds to believe they committed the crime, South Dakota Codified Laws
. The arrest is made when the crime committed is presented in the court, otherwise the offender is to be taking into questioning.
South Dakota Arrest Warrants
An arrest warrant is an official document that is signed and issued by a judge or magistrate on behalf of the local and state jurisdictions, which authorizes a police officer to arrest or detain the person or people named in the warrant or to search and seize the individual’s property. In South Dakota, the police can arrest a person for committing a crime even without a warrant, Title 23A - CRIMINAL PROCEDURE Chapter 03 - (Rule 4.1) Arrest § 23A-3-3 Citizen's arrest.
In most cases, this occurs when the person commits the crime in an officer’s presence.
South Dakota Misdemeanors
A misdemeanor is a non-indictable offense and is generally less severe than felonies; however, like felonies, a misdemeanor charge is categorized by a number-based system designed to describe the severity of the alleged crime. South Dakota classifies misdemeanors into one of two different categories: Class 1 and Class 2, Misdemeanor Guide
. Class 1 misdemeanors are the most serious, with potential punishments of up to one year imprisonment and up to $2,000 in fines, while Class 2 misdemeanors come with the potential penalty of up to 30 days imprisonment and up to $500 in fines. Courts can impose a sentence that includes jail, fines, or both.
South Dakota Felonies
A felony offense is a criminal conviction with a maximum sentence of more than 1 year, which is to be served in a county jail or state prison. In some cases, a felony conviction can even be punished by death. South Dakota has nine classes of felony offenses. The three most serious classes are A, B, and C, while the six remaining classes are numbered one through six. Class A felonies represent the most serious criminal offenses in the state, while Class 6 felonies are the least serious, South Dakota Laws & Penalties
. Unless otherwise addressed by a specific criminal statute, each of South Dakota’s nine felony offenses classes have a maximum penalty associated with them.
South Dakota Sex Offender Listing
A sex offender listing is a registry of persons who were convicted of committing a sex crime that is often accessible by the public. In most cases, jurisdictions compile their laws into sections, such as traffic, assault and sexual. Judges are given discretion as to whether they require registration for crimes besides the charges listed under the sex offender registration law, Megan’s Law for South Dakota
. A judge may order an adult to register as a sex offender if the crime they were convicted of involves sexual motivation.
South Dakota Serious Traffic Violation
A serious traffic violation tends to involve willful disregard for public safety, death, serious bodily injury, damage to property and multiple minor traffic violations. In South Dakota, traffic ticket fines vary depending on your violation. The SD Department of Public Safety (DPS) will add points to the offender’s drivng record after the offender is convicted of a traffic violation. The South Dakota driver's license will be suspended if the offender accumulates 15 points within 12 months or 22 points within 24 months.
South Dakota Conviction Records
A conviction record is an official document providing information that a person was found guilty, pleaded guilty or pleaded nolo contendere against criminal charges in a civilian or military court. The criminal charges can be classified as a felony, misdemeanor or other offense. Conviction also includes when a person has been judged delinquent, has been less than honorably discharged or has been placed on probation, fined, imprisoned or paroled. A criminal conviction is rendered by either a jury of peers or a judge in a court of law. A conviction does not include a final judgment that was deleted by a pardon, set aside, reversed or otherwise rendered inoperative.
South Dakota Jail and Inmate Records
Jail and inmate records are official documents of information about a person’s current and sometimes past inmate status. A person who is in jail or considered an inmate is someone who has been deprived of their civil liberties and is on trial for a crime or is serving, which maintains an inmate database that is often searchable online a prison sentence after being convicted of a crime. Most states have a Department of Corrections, https://doc.sd.gov/
. These records often include the inmate’s name, incarceration date, expected release date, convicted offense and sometimes photos.
South Dakota Parole Information
Parole records are an official document that includes information regarding the release of a prisoner who agreed to certain conditions prior to completion of their maximum sentence. While the prisoner is on supervised parole, the board shall require as a condition of parole that they pay a monthly supervision fee of not less than $30, unless the board agrees to accept a lower fee after determining inability of the prisoner to pay. The board may also impose any conditions of parole it deems appropriate in order to ensure the best interests of the prisoner and the citizens of South Dakota are served.
South Dakota Probation Records
Probation records are official documents that show when a person receives probation as an alternative to prison. Probation allows people convicted of acrime in South Dakota to serve their sentences out of custody, as long as they comply with probation conditions imposed by the judge and probation officer South Dakota Pardon And Parole Laws
. Probation is issued in proportion to the crime, so the length and nature of probation differs (sometimes drastically) from case to case. Probation typically falls into three categories: minimally supervised, supervised and intensive – intensive is a form of very strict probation that has conditions that vary from state to state but that emphasize punishment and control of the offender within the community.
South Dakota Juvenile Criminal Records
A juvenile criminal record is an official record of information regarding criminal activity committed by children or adolescents who are not yet of legal adult age. Juveniles are not considered to be convicted of a crime like an adult but instead are found to be “adjudicated delinquent.”These criminal records are often mistakenly thought to be erased or expunged once a person becomes of legal adult age, but in fact the record remains unless the person petitions to have it expunged. If a person was found adjudicated delinquent to a criminal offense, they do not have to respond “yes” if asked whether they have ever been convicted of a crime, unless the question specifically asks if they were ever adjudicated delinquent as well.
South Dakota History and Accuracy of Criminal Records
The accuracy of the data of criminal records depends on the recordkeeping and technological capabilities of the jurisdiction where the record was assembled and later digitized. South Dakota criminal records archives usually tend to go back as far as the 1970s when criminal and arrest data started to be centralized and compiled into an organized database much like we use today. Accuracy was more commonly affected by human error in the past, but in the 1990s the quality and accuracy of recordkeeping improved exponentially due to the advent of the computer, so the information provide on StateRecords.org will vary from person to person.
South Dakota Megan’s Law
Megan's Law is the term for state laws that create and maintain a sex offender registry, which provides information on registered sex offenders to the public. The first Megan's Law appeared after the rape and murder of 7-year-old New Jersey resident Megan Kanka by a sex offender who lived in the girl's own neighborhood. Soon after passage of this first Megan's Law, the federal government implemented a requirement that all states establish sex offender registries and provide the public with information about those registered, South Dakota Sex Offender Resources
. Any person, who has been convicted for commission of a sex crime, as defined in SDCL 22-24B-1, shall register as a sex offender. The sex offender shall register within three business days of coming into any county to reside, temporarily domicile, attend school, attend postsecondary education classes, or work.