In both the state and federal criminal justice systems, criminal records of arrests, convictions, and other proceedings are generally open to the public. There are limited circumstances under which criminal records may be expunged (deleted). And in some circumstances, criminal records that are not eligible for expungement or expunction may be eligible for sealing or nondisclosure—usually by a court order. If a criminal record is sealed, private parties generally cannot release or access the records, but government agencies—including the police, licensing boards, and other agencies—may access the records. Sealed court records may also be admissible in some court proceedings.

Some documents in a criminal record are not ordinarily available to the public—such as unexecuted summonses or warrants; pretrial bail and presentence reports; juvenile records; documents containing information about jurors; and documents such as expenditure records that might reveal the defense strategies of court-appointed lawyers.

And in some circumstances judges have the authority to seal additional documents or to close hearings that would ordinarily be open to the public. Reasons for such actions can include protecting victims and cooperating witnesses or informants from retaliation; avoiding the release of information that might compromise an ongoing criminal investigation or a defendant’s due process rights; and protecting classified information affecting national security.

Federal judges rarely seal criminal arrest or conviction records. And laws regarding the circumstances under which criminal records may be sealed in a state court criminal prosecution vary from state to state. The state laws governing the sealing or nondisclosure of criminal records are usually located in a state’s statutes.

In South Dakota, criminal records, which include arrests, convictions, and other proceedings, are generally accessible to the public. However, there are specific instances where these records can be expunged or sealed. Expungement effectively removes the record as if the event never occurred, while sealing restricts access to the record. Sealed records are not available to private parties but can be accessed by certain government agencies and may be used in some legal proceedings. South Dakota law provides for the sealing of criminal records in limited circumstances, such as for certain nonviolent offenses after a period of law-abiding behavior. Juvenile records, unexecuted warrants, and certain sensitive documents are typically not available to the public. Judges in South Dakota also have the discretion to seal additional documents or close hearings to protect individuals or the integrity of ongoing investigations. The specific conditions and procedures for sealing or expunging records are outlined in South Dakota's statutes. It's important to note that federal judges infrequently seal criminal records, and the federal system has its own set of rules and procedures for dealing with the nondisclosure of criminal records.