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 period | 7 years (FCRA default) |
| Ban-the-Box scope | None statewide |
| Salary history | No restriction |
| Cannabis testing | Medical 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.
Frequently asked questions about South Dakota background checks
How long does a background check take in South Dakota?
Most SafestHires South Dakota background checks complete in under 24 hours when the county courts of record are electronic. Manual-access counties in South Dakota typically add 1–3 business days, and verification-heavy packages (employment, education, professional license) usually land in 1–3 business days end-to-end. See the state-by-state turnaround guide for county-level detail.
What shows up on a South Dakota employment background check?
A standard South Dakota employment background check returns an SSN trace and address history, national criminal database scan, sex offender registry, county criminal records for every South Dakota county lived or worked in during the FCRA lookback window, federal criminal records, and OFAC/global sanctions. Common SD add-ons include employment and education verification, professional license verification, motor vehicle records, and drug screening.
How much does a South Dakota background check cost?
SafestHires prices South Dakota background checks per component — no platform fees, no seat licenses, no minimums. A standard county criminal + national database + SSN trace package for South Dakota typically falls in the $20–$45 range depending on how many SD counties are searched and which add-ons are included. Use the pricing calculator for a SD-specific quote.
Do I need consent to run a background check on a South Dakota candidate?
Yes. Federal FCRA §1681b(b)(2) requires a stand-alone written disclosure and the candidate's written authorization before any consumer report is procured, and South Dakota follows that federal baseline. Additional SD-specific disclosures may apply — SafestHires builds the correct South Dakota disclosure package into every order automatically. See the sample forms library for templates.
Can South Dakota employers run a Financial Risk Search?
Yes. The SafestHires Financial Risk Search (bankruptcies, civil judgments, and tax liens from public records) is available for South Dakota hires in fiduciary, finance, cash-handling, and other roles with a documented permissible-purpose need. It is a public-record search — scoped and adverse-actioned like any other component under FCRA §§615 and 604.
How far back can a South Dakota employer look at criminal records?
South Dakota applies FCRA.