South Dakota Background Check Laws
SD Employer Compliance Guide
Employers in South Dakota must navigate specific state and federal regulations when conducting employment background checks to ensure compliance.
Content updated
South Dakota background check laws at a glance
- Does South Dakota have a ban-the-box law?
- No statewide ban-the-box law. South Dakota employers follow federal FCRA and EEOC guidance, plus any local ordinance.
- Can employers ask about salary history?
- No statewide salary history ban in South Dakota. Local rules may still apply.
- How far back can a background check go?
- South Dakota does not have state-specific reporting limitations on criminal records that supersede the federal FCRA. Under the FCRA, non-conviction information (arrests not leading to conviction) generally cannot be reported after seven years. Convictions can typically be reported indefinitely, though some states have stricter rules. South Dakota does not impose additional state-level restrictions on the reporting timeframe for convictions.
- Governing statutes
- South Dakota Codified Laws (SDCL); SDCL 23A-27-4.1; SDCL 23A-3-2.1
Complying with South Dakota's employment background check laws is crucial for employers to avoid legal penalties and ensure fair hiring practices. While South Dakota does not have extensive state-specific background check legislation, employers must still adhere to federal laws like the Fair Credit Reporting Act (FCRA) and be aware of any local ordinances or industry-specific regulations that may apply. Understanding the nuances of these laws, including how to properly obtain consent, handle adverse action, and respect privacy rights, is essential. This guide provides a comprehensive overview of the key considerations for employers conducting background checks in South Dakota.
Ban-the-Box Laws
South Dakota does not have a statewide ban-the-box law that restricts when employers can inquire about an applicant's criminal history.
State FCRA Variations
South Dakota law does not significantly differ from or add to the federal Fair Credit Reporting Act (FCRA) regarding employment background checks. Employers must primarily comply with the FCRA's requirements for disclosure, authorization, adverse action procedures, and permissible purpose when using consumer reports for employment decisions.
Reporting Limitations
South Dakota does not have state-specific reporting limitations on criminal records that supersede the federal FCRA. Under the FCRA, non-conviction information (arrests not leading to conviction) generally cannot be reported after seven years. Convictions can typically be reported indefinitely, though some states have stricter rules. South Dakota does not impose additional state-level restrictions on the reporting timeframe for convictions.
Expungement & Record Sealing
In South Dakota, certain criminal records can be expunged or sealed. If a record has been legally expunged or sealed, it should not appear on a background check. Employers should treat expunged records as if they never occurred. However, the process for expungement can be complex, and not all offenses are eligible. Employers should be cautious about using information that may be outdated or legally inaccessible.
Local Fair Chance Ordinances
South Dakota does not have a statewide fair chance hiring law beyond the absence of a ban-the-box mandate. Employers are encouraged to consider an applicant's qualifications and the job-relatedness of any criminal history, consistent with EEOC guidance, but there is no state-mandated framework.
Key Screening Rules
Comply with FCRA for Consumer Reports
Individualized Assessment for Criminal Records
Accuracy of Information
Privacy and Data Security
Frequently Asked Questions: South Dakota
Does South Dakota have a ban-the-box law?
No, South Dakota does not have a statewide ban-the-box law that restricts when employers can ask about an applicant's criminal history.
Can employers in South Dakota ask about salary history?
Yes, South Dakota state law does not prohibit employers from inquiring about an applicant's salary history.
What federal laws apply to background checks in South Dakota?
The primary federal law is the Fair Credit Reporting Act (FCRA), which governs the use of consumer reports for employment purposes. Employers must also comply with Title VII of the Civil Rights Act of 1964, enforced by the EEOC, which prohibits discrimination based on protected characteristics.
Are there specific rules for expunged records in South Dakota?
Yes, if a criminal record has been legally expunged or sealed in South Dakota, it should not be reported on a background check and employers should not consider it in hiring decisions.
Do I need consent to run a background check in South Dakota?
Yes, under the federal FCRA, employers must provide a clear and conspicuous written disclosure to the applicant that a background check may be conducted and obtain their written authorization before procuring a consumer report.
Key Statutes
South Dakota Codified Laws (SDCL)
— General body of South Dakota state law. While not specific to background checks, it forms the legal framework for employment practices.
SDCL 23A-27-4.1
— Pertains to the sealing of certain criminal records, which can impact what information is legally available for background checks.
SDCL 23A-3-2.1
— Relates to the expungement of certain arrest records, which may affect the information accessible to employers.
Sources for this South Dakota guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
South Dakota primary authority
- South Dakota Office of the Attorney General
South Dakota Attorney General · link checked 2026-09-17
- South Dakota Legislature and state code
South Dakota Legislature · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This South Dakota guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in South Dakota before adopting or changing a screening policy.
States bordering South Dakota
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare South Dakota with its neighbors:
Screening services for South Dakota employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in South Dakota.
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