An employer in South Dakota may perform a criminal background check on an employee or applicant provided that prior written consent is obtained via the Authorization and Release Form. The employer has the option of conducting a State background check which will provide information of criminal history in South Dakota only. Alternatively, the employer may submit a State/FBI background check for an account of criminal history in South Dakota as well as any activity which has been recorded by the FBI. Both search methods will require the employer to obtain a set of fingerprints from the subject via a fingerprint card (more information on that below).

Cost – $24 or $43.25

Laws Chapter 1-27

Step 1 – Request Fingerprint Card

As mentioned above, there are two methods used to conducted a criminal background check in South Dakota; State only background checks and State/FBI background checks. If the requestor is conducting a State only check, he/she must obtain a fingerprint card from the Division of Criminal Investigation (DCI) by calling 1 (605) 773-3331. A State/FBI background check will require an FBI Fingerprint Card in addition to the State card provided by DCI.

Step 2 – Complete Fingerprint Card(s)

Have the subject’s fingerprints recorded on the fingerprint card(s). Additionally, the card(s) must be filled in to include the applicant’s name, date of birth, gender, and social security number as this information is the minimum necessary in order to conduct a search.

Step 3 – Authorization Release Form

The subject must complete an authorization release form to indicate their consent to the background check. The form can be found on the back of the DCI fingerprint card or it may be accessed by selecting the following link: Authorization Release Form. Once complete, the form should be delivered back to the employer.

Step 4 – Submit the Request

Bring the complete fingerprint card(s) and authorization release form to the local Police Department or Sheriff’s Office (see Police Locator). A filing fee will be required at the time of submission, the amount of which will be $24 if performing a State only check or $43.25 if the check is of both State and FBI records.

Step 5 – Await a Response from DCI

Once all requisite forms have been supplied and the fee has been paid, DCI will either conduct a State only background check on the individual or submit the request to the FBI to have the check conducted through their systems. The results will be returned on a response sheet indicating whether or not the individual has a criminal history and, if the background check shows criminal history, the record will be delivered to the requester (fingerprint cards will be destroyed).