How Long Does a DUI Stay on Your Record in South Dakota

The 10-Year Lookback Period

South Dakota uses a 10-year lookback window for DUI sentence enhancement. If you're convicted of a first-offense DUI today and commit another DUI violation within the next ten years, the prior offense is used to determine whether the new case is a second offense — carrying significantly harsher penalties, including mandatory jail time and longer license revocation.

The ten-year period compares the date of the prior conviction or plea with the date of the new violation; it is not measured from the date of the new arrest. Any period of incarceration for a previous violation is excluded when calculating the ten years. And here's the part that surprises most people: a Suspended Imposition of Sentence (SIS) counts within the lookback period even though the public criminal record is sealed. The Division of Criminal Investigation maintains a nonpublic record of every SIS, and prosecutors access it when deciding how to charge a subsequent DUI.

After 10 years with no additional DUI violations, a new DUI violation would not use the old offense for sentence enhancement purposes — but the original conviction (or sealed SIS) still exists on your record.

Criminal Record vs. Driving Record

South Dakota maintains two separate records, and a DUI affects both:

Criminal record (Division of Criminal Investigation): A standard DUI conviction stays on your criminal record permanently. South Dakota does not offer expungement for DUI convictions. The only path to sealing the record is an SIS — and even then, the sealed record remains accessible to law enforcement and prosecutors.

Driving record (Department of Public Safety): The DUI-related license revocation appears on your DPS driving record. An SIS in criminal court does not erase the administrative driving record. Insurance companies, employers with driver-qualification programs, and CDL regulatory bodies can still see the licensing action.

Employment Background Checks

The practical impact of a DUI conviction on employment depends on what type of background check an employer runs:

Standard commercial background checks (used by most private employers) pull data from court records. If you received an SIS and completed probation successfully, the case shows as dismissed — most commercial background check services will not surface it.

FBI criminal history checks (required for federal employment, security clearances, law enforcement, and some professional licenses) access the Division of Criminal Investigation database directly. A sealed SIS still appears on this deeper search.

Driving record checks (required for jobs involving driving — delivery, trucking, ride-share, company vehicle use) pull from the DPS database. The license revocation appears regardless of how the criminal case resolved.

Whether an employer asks about or sees a DUI depends on the employer, the background check used, and applicable rules. A DUI conviction may be relevant to employers in transportation, healthcare, education, and government, which may require disclosure.

Can You Get a DUI Expunged in South Dakota?

South Dakota does not have a general expungement statute for DUI convictions. You cannot petition a court to erase a DUI from your criminal record the way you might in states with broader expungement laws.

Your options are limited to:

• SIS (before sentencing): If the judge grants a Suspended Imposition of Sentence, the record is sealed upon successful completion of probation. This is a one-time option — you get one misdemeanor SIS in your lifetime under SDCL 23A-27-14.
• Pardon (after conviction): The South Dakota Board of Pardons and Paroles can grant a pardon, which restores civil rights but does not erase the conviction from your record. Pardons for misdemeanor DUI are rare and typically reserved for cases with exceptional circumstances.

There is no waiting period after which a DUI automatically falls off your criminal record. It stays permanently unless sealed through an SIS at the sentencing stage.

What This Means for Your First-Offense Case

If you're facing a first-offense DUI right now, the long-term record implications should factor into your defense strategy from the start. An SIS is the single most effective tool for protecting your employment prospects — but it's a one-time resource, and using it on a DUI means it's unavailable if you ever face another misdemeanor charge.

The South Dakota First-Offense DUI Guide breaks down the SIS decision in detail — who qualifies, what the probation conditions look like, and how to weigh the tradeoff of spending your lifetime SIS on a DUI charge.

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