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South Dakota background check laws

A practitioner-grade reference to South Dakota pre-employment background screening: lookback caps, ban-the-box scope, salary-history limits, cannabis testing rules, and the statutes the SafestHires compliance team applies on every order routed to SD.

The four levers at a glance

Lookback period7 years (FCRA default)
Ban-the-Box scopeNone statewide
Salary historyNo restriction
Cannabis testingMedical only

Lookback period

South Dakota applies FCRA.

Ban-the-Box and Fair Chance rules

No statewide ban-the-box statute.

Salary history

No statewide salary-history ban.

Cannabis & drug testing

Measure 26 (2020) authorized medical cannabis; recreational legalization was struck down by the state supreme court.

Governing statutes & references

  • SDCL §23-5-7 (state record access)

SafestHires compliance note

Standard employer drug-free workplace rights apply.

Related state guides

View the full 50-state matrix →