Helping people move on with their lives with straight forward and sincere advice.

More than 40 combined years of experience in tenaciously defending Black Hills clients against criminal charges of DUI, drug crimes, assault and more.  

Nobody knows the courthouses and legal environments better than us.  

South Dakota Expungement Lawyer: Clear Your Criminal Record

Last updated on January 5, 2026

Old arrests or convictions create barriers that block job opportunities, housing applications and firearm ownership. 

Kinney Law, pc, brings over 42 years of combined criminal defense experience to clients throughout the Black Hills region, including Rapid City, Sturgis, Spearfish and Deadwood. Matt and Kim Kinney provide straightforward, no-nonsense guidance focused on clearing your record and restoring your rights.

When Can You Expunge A Criminal Record In South Dakota?

South Dakota law under SDCL 23A-3-26 sets strict eligibility standards. The options for expunging a criminal record in South Dakota depend on whether you were convicted:

  • Arrests without conviction: Generally easier to seal after dismissal or acquittal
  • Misdemeanor convictions: Limited expungement for specific offenses after waiting periods
  • Felony convictions: Extremely restricted, often requiring pardons

A South Dakota expungement lawyer evaluates your situation to determine qualifying options.

Does A South Dakota Criminal Record Automatically Disappear After Seven Or 10 Years?

Criminal records never automatically vanish. If you want a clear criminal record in the Black Hills, you must file a formal petition with the court and obtain judicial approval. Without this legal process, your history remains visible on background checks indefinitely.

Can Expungement Restore Your Gun Rights?

Restoring gun rights in South Dakota after felony convictions typically requires obtaining a pardon from the governor rather than standard expungement. A pardon attorney in South Dakota guides you through the application process seeking restoration of civil rights, including firearm ownership and voting.

Can Kinney Law, pc, Handle Your Case If You Live Out Of State?

Kinney Law, pc, regularly assists former tourists with old arrests, particularly Sturgis arrest record removal from Rally-related incidents. Matt Kinney handles the entire expungement process remotely without requiring clients to return to South Dakota.

How Does Expungement Help With Background Checks?

Expungement seals records from public view and allows you to legally answer “No” to criminal history questions on most applications. A Rapid City record sealing attorney can explain what specific protections expungement provides.

Get In Touch Today

Contact Kinney Law, pc, today to schedule your consultation at our Spearfish or Rapid City office by calling 605-642-2147 or completing the online contact form.