Sealing an Eviction Record in South Dakota: Step-by-Step Guide

If you've experienced an eviction in South Dakota, it can affect your ability to rent a new home. However, in certain cases, you may be able to seal your eviction record. This article explains your options under South Dakota law, the process to request sealing, and the forms and resources that can help you along the way.

Understanding Eviction Records in South Dakota

Eviction records are public court documents that show if a landlord has taken legal action to remove you from a rental property. Future landlords often check these records when you apply for a new place. Sealing (sometimes called expungement) means making the case inaccessible to the public, giving you a fresh start.

When Can an Eviction Record Be Sealed?

South Dakota law does not provide automatic expungement of eviction records simply because time has passed. However, under South Dakota Codified Laws § 23A-3-27, you might ask the court to seal a civil case record — including some eviction cases — if you can show good cause, such as:

• The eviction case was dismissed or decided in your favor.
• There were procedural errors or mistaken identity.
• Extraordinary circumstances that justify sealing the record.

The final decision to seal is always at the discretion of the judge.

How to Request to Seal an Eviction Record

The main way to request the sealing of an eviction record is to file a written motion with the court where your case was heard. This process involves several clear steps:

Step 1: Obtain the Required Court Form

• Form Name: Motion for Expungement/Sealing of Record (no official form number)
• Use: This form is used to formally ask the court for expungement or sealing of a case record, including eviction cases. For example, if your eviction was dismissed, you would fill out this form to begin the process.
• Official Source: Download the latest template and instructions at the South Dakota Unified Judicial System Expungement Forms Page.

Step 2: File Your Motion in the Correct Court

• Turn in your completed expungement motion, along with any supporting documents (such as your dismissal order), to the clerk of the South Dakota Unified Judicial System at the courthouse where your eviction case was heard.
• There may be a filing fee; check with the courthouse for up-to-date costs.

Step 3: Attend a Hearing (If Required)

• The court may set a hearing to decide on your motion. Be prepared to explain why sealing your record is justified.
• The judge will consider factors such as the outcome of the case and any extraordinary circumstances.

Step 4: Await the Judge's Decision

• If your request is granted, the record will be sealed or expunged and no longer easily available to the public or future landlords.
• If denied, you may ask for further legal assistance or appeal if eligible.

Relevant Laws and Agencies

• Tenancy Legislation: The main state laws covering rentals and evictions are found in South Dakota Codified Laws, Title 43 – Property (see particularly Chapter 32 for landlord-tenant law).
• Official Tribunal: Eviction and expungement proceedings are handled by the South Dakota Unified Judicial System (UJS).

If you have questions about eviction laws, reach out to the courthouse, or consult the official UJS website for up-to-date information.

FAQs about Sealing Eviction Records in South Dakota

1. Can all eviction records in South Dakota be sealed?
   Not automatically. Only certain cases — often those that were dismissed, decided in your favor, or involve extraordinary circumstances — may be eligible for sealing, and it's up to the judge.
2. How long does it take to seal an eviction record?
   The process can take several weeks to a few months, depending on court schedules, but timing varies by county.
3. Is there a cost to file for expungement or sealing?
   A filing fee may apply. Contact your local courthouse or check the UJS fee schedule for details.
4. What if my eviction case was not dismissed — can I still ask to seal the record?
   You can file a motion, but the judge is less likely to grant sealing for cases where the landlord won, unless you can show extraordinary justification.
5. Where can I get help filling out the sealing request?
   Free legal help may be available from organizations like State Bar of South Dakota Legal Help or your local legal aid office.

Key Takeaways for Renters

• Sealing an eviction record in South Dakota is possible in some situations, but not guaranteed.
• You must file a motion for expungement with the court and may need to attend a hearing.
• Reach out to court staff or legal aid resources for help if you're unsure about the process.

Need Help? Resources for Renters

• South Dakota Unified Judicial System (UJS): Court locations, case lookups, and official forms.
• Expungement/Sealing Forms and Instructions: Download forms and review requirements.
• South Dakota State Bar Legal Help: Access free and low-cost legal services across South Dakota.
• South Dakota Department of Labor & Regulation – Human Rights Division: Fair housing and discrimination info.

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1. South Dakota Codified Laws § 23A-3-27, Sealing of records
2. Expungement Forms – South Dakota Unified Judicial System
3. Landlord-Tenant Law, SDCL Title 43

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