South Dakota Background Records

What is Background Check?

A background check or background investigation is the process of looking up and compiling criminal records: such as Arrest, Warrants, type of felony or misdemeanor as well as Incarcerations and sex offender records, civil records:  such as marriage, divorce, birth, death and civil court cases, publicly available property records: such as property owned with its estimated value and other purchased goods that might have been used as a collateral in the past and last type of data that cab be present in the background check is bankruptcy records. The background check also might include the information on the previous places of residence, years of residence and other people residing at those addresses. The amount of background check 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, which are publicly available, often have non-standardized town, county and state level protocols, storage classifications, requirements, organization and digitization processes.

County Infrastructure

In the United States, a county is a political and geographic subdivision of a state, usually assigned some level of governmental authority.  Many counties are divided into smaller political or governmental units, which may provide governmental or public services. The importance of the county infrastructure lays on the court legal procedures and incarceration infrastructure. Most court cases in South Dakota courts begin in one of the 66 superior or trial courts located in each of the state’s 66 counties. Each county demonstrates a judicial power and legal power by its courts. All small claim cases are assigned to the county court houses, leaving them with the executive power over sentence of the case.

Incarceration Infrastructure

South Dakota Department of Correction and Rehabilitation is entitled to govern the majority of the imprisonment in the state of South Dakota, excluding juvenile incarceration, federal prisons, and county jails.  The state of South Dakota registers 5 state prisons held by the South Dakota Department of Correction and Rehabilitation, 1 federal prison, and 3 juvenile facilities held by the South Dakota Division of Juvenile Justice.

Criminal Records

A criminal record is defined as an official document that records a person’s criminal history including arrest records, warrant records, felony records, misdemeanor records and sex offender registration information. 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.

Civil Records

A civil record is defined as the documents which keep, administrate, and maintain all records regarding a person’s most important life events. These records compile such documents as birth certificates, marriage records, divorce records and death certificates. All the available records are gathered and stored in a permanent central registry state entity that is used to develop statistical analysis of its population presenting it to the public in a report. The records are compiled from the information presented by the bureaus of statistic and vital records, civil court cases and vital indexes.

Bankruptcy Information

Bankruptcy is a legal status of a person or other entity that cannot repay the debts it owes to creditors. In most jurisdictions, bankruptcy is imposed by a court order, often initiated by the debtor. While bankruptcy cases are always filed in United States Bankruptcy Court, an adjunct to the United State District Courts, bankruptcy cases, particularly with respect to the validity of claims and exemptions, are often dependent upon State law.  The United States Code signed six types of bankruptcy under the Bankruptcy code.  The most common types of personal bankruptcy for individuals are addressed in Chapter 7 and Chapter 13 which compromise straight bankruptcy and Wage Earner Bankruptcy.

 Why is Background Check is Available to the Public

In 1935, the South Dakota State Legislature pass a law named the South Dakota Sunshine Law. This law enables the last changes in 2000 and aims to make sure disclosure of court records and other public records to the public, http://www.nfoic.org/south-dakota-foia-laws. Every person throughout the state can request access to access all public records through the assigned specialized offices within its determined terms. The availability of the records extends to vital records, court records, criminal records and bankruptcy information as these cases are governed by the South Dakota District Courts.

What Background Check Access Mean to the Public

The law is similar to the South Dakota Sunshine Law, which legislates the methods by which public meetings held. The South Dakota Sunshine is a series of laws designed to guarantee that the public has access to public records of governmental bodies in South Dakota. 

South Dakota State Archives

South Dakota State Archives

Results Include

Full State Record Report:

  • Name
  • Location
  • Case Number
  • Case Summary
  • Docket
  • Police Report
  • Court Documents
  • Legal Records
  • Case File
  • Statements
  • Transcripts
  • Legal Forms
  • Case Notes
  • Disposition
  • Trial Records
  • Arbitration
  • Case Evidence
  • Witnesses
  • Interviews
  • Descriptions
  • Mugshots
  • Charges
  • Legal Motions
  • Attorney Records
  • Prosecution Records
South Dakota Hand County  Courthouse 1889

South Dakota Hand County Courthouse 1889

  • State archives hold over 75,000 cubic feet of records.
  • There are 2 levels of courts – trial and appellate.
  • The South Dakota Circuit Courts are the state courts within the state of South Dakota. There are 7 Circuit Courts in South Dakota, each in one of the 7 judicial districts.
  • The highest court in South Dakota is the South Dakota Supreme Court.
  • It is composed of a chief justice and four associate justices appointed by the governor. One justice is selected from each of five geographic appointment districts.
  • BreakThrough
  • Center for the Arts
  • Native American Heritage
  • South Dakota  Association of RC&D Councils
  • Together  We are The Network