For the first time, in a law enacted in 2024, state licensing agencies may not disqualify an applicant or take adverse action against a licensee based on arrest records, court records that have been expunged, sealed, or pardoned, or on the basis of a conviction that does not “directly relate” to the occupation. The law established a preliminary consideration process and limited due process for denial of licensure and other adverse actions.

South Dakota has no laws restricting consideration of criminal record in employment, including limits on application-stage employer inquiries.  However, the State Human Rights Division publishes a guide that classifies as “suspect” for discrimination any question on an application form or in an interview regarding an applicant’s conviction, arrest, or court record that is not substantially related to the functions of the job.  A pardon allows an individual to deny having been convicted, and results in sealing of the record after five years.