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Lincoln County Arrest Records

How To Look Up Arrest Records in Lincoln County in 2026

LincolnSDRecords.us provides publicly available data and information related to arrest records in Lincoln County, South Dakota. Members of the public may find booking details, charge information, custody status, and related court case data through this resource. Record categories available through various official and third-party sources include arrest logs, booking records, criminal court case filings, and inmate roster entries. Access and completeness of records may vary depending on the source and the disposition of the underlying case.

Records may be searched through official resources including the Lincoln County Sheriff's Office, the Clerk of Courts, public access terminals at the courthouse, and online tools maintained by the South Dakota Unified Judicial System. The following sections outline available methods for locating arrest records.

Online Methods:

1. County Sheriff's Office Arrest Records

The Lincoln County Sheriff's Office maintains booking records and an inmate roster that members of the public may access online. The roster reflects individuals currently held at the Lincoln County Jail and is updated on a regular basis. Available information includes the arrestee's name, booking date, charges, and bond status.

Lincoln County Sheriff's Office
104 N Main Ave
Canton, SD 57013
Phone: (605) 764-2568
Lincoln County Sheriff's Office

2. Local Police Departments

Several municipalities within Lincoln County maintain their own police departments, each of which may publish arrest logs or press releases containing arrest information. The City of Tea and the City of Harrisburg, among others, operate local law enforcement agencies. Members of the public seeking arrest information from a specific municipality should contact the relevant department directly.

Tea Police Department
600 E. 1st St
Tea, SD 57064
Phone: (605) 498-5511
City of Tea

Harrisburg Police Department
115 E. Willow St
Harrisburg, SD 57032
Phone: (605) 743-2500
City of Harrisburg

3. County Clerk of Court Case Search

The South Dakota Unified Judicial System provides an online case search tool that allows members of the public to locate court cases associated with an arrest. Searching by an individual's name may return criminal case filings, charge information, hearing dates, and case dispositions. This tool is maintained by the state and reflects cases filed in courts statewide, including the Second Judicial Circuit, which serves Lincoln County.

Lincoln County Clerk of Courts
104 N Main Ave, Suite 1
Canton, SD 57013
Phone: (605) 764-5651
Lincoln County | South Dakota Unified Judicial System

4. State Law Enforcement Database

The South Dakota Division of Criminal Investigation (DCI) maintains the state's criminal history repository. Members of the public may submit a request for a criminal history record check through the South Dakota DCI. The repository includes arrest and conviction data submitted by law enforcement agencies across the state. A fee of $15.00 per subject applies to public criminal history requests. Requests may be submitted by mail or in person.

South Dakota Division of Criminal Investigation
1302 E. Highway 14, Suite 5
Pierre, SD 57501
Phone: (605) 773-3331
South Dakota DCI

In-Person Access:

Sheriff's Office:

  • Address: 104 N Main Ave, Canton, SD 57013
  • Records division is located within the main Sheriff's Office building
  • Hours: Monday–Friday, 8:00 a.m. to 5:00 p.m.
  • Phone: (605) 764-2568
  • What to bring: Valid government-issued photo identification and any known details about the arrest, including the subject's full name and approximate date of arrest
  • Fees for copies: Standard copy fees apply per page; contact the office for current rates

Clerk of Court:

  • Address: 104 N Main Ave, Suite 1, Canton, SD 57013
  • Criminal records division handles requests for court case files
  • Hours: Monday–Friday, 8:00 a.m. to 5:00 p.m.
  • Phone: (605) 764-5651
  • Case file inspection is available during regular business hours
  • Copy fees: $0.20 per page for standard copies; certified copies are available for an additional fee

By Mail:

Written requests for arrest records may be submitted to the Lincoln County Sheriff's Office at 104 N Main Ave, Canton, SD 57013. Requests should include the following:

  • Full legal name of the subject (first and last name at minimum)
  • Date of arrest, if known
  • Booking number, if known
  • Requestor's full name and return mailing address
  • Payment for applicable copy fees

Processing time for mailed requests varies and may take several business days to several weeks depending on the volume of requests and the complexity of the search.

By Phone:

  • Sheriff's Office: (605) 764-2568
  • The Sheriff's Office may provide limited information by phone, including confirmation of custody status
  • Information needed: Subject's full name, date of birth, and approximate date of arrest
  • Detailed records are not released by phone; requestors may be directed to submit a written request or visit in person

Through Legal Channels:

Attorneys of record may request arrest records and associated case files through formal discovery processes. Subpoenas may be issued to compel production of records in the context of legal proceedings. Defense counsel and prosecutors may access records through the court's case management system as part of the discovery process governed by the South Dakota Rules of Criminal Procedure.

Information Needed for Search:

  • Full legal name (first and last name at minimum)
  • Date of birth or approximate age
  • Approximate date of arrest
  • Booking number, if known
  • Jurisdiction of arrest (Sheriff's Office, municipal police department, or state agency)

Are Arrest Records Public in Lincoln County

Arrest records in Lincoln County are subject to public disclosure under South Dakota's open records law. Pursuant to § 1-27-1 of the South Dakota Codified Laws, all government records are presumed open to public inspection unless a specific statutory exemption applies. Arrest records fall within the category of public records because they document official government action taken by law enforcement agencies acting in their official capacity.

The public interest in access to arrest records is grounded in principles of government transparency, public safety, and community awareness. Journalists, researchers, employers, and members of the general public rely on arrest records to monitor law enforcement activity, conduct background screening, and participate in legal proceedings. As the South Dakota Legislature has recognized, open government serves the fundamental democratic interest in accountability.

What Arrest Information Is Public:

  • Arrestee name and known aliases
  • Date and time of arrest
  • Location of arrest
  • Arresting agency
  • Charges filed at the time of arrest
  • Booking number
  • Mugshot or booking photograph
  • Bond and bail information
  • Current custody status
  • Basic demographic information, including age and physical description

Limitations on Public Access:

  • Juvenile arrest records are restricted or sealed under South Dakota law
  • Expunged arrest records are removed from public access following a court order
  • Records sealed by court order are not available for public inspection
  • Information related to active investigations may be withheld to protect the integrity of the investigation
  • Identities of undercover officers and confidential informants are exempt from disclosure
  • Victim identifying information may be withheld in certain cases, including sexual assault matters
  • Participants in witness protection programs are not identified in public records

Constitutional and Legal Basis:

The South Dakota Constitution, Article VI, Section 1, affirms the rights of citizens to seek and obtain safety and happiness, which courts have interpreted to include access to government information. The balance between transparency and individual privacy is addressed through statutory exemptions that protect sensitive personal information while preserving the public's right to know about law enforcement activity. The First Amendment to the United States Constitution supports press access to arrest records as a matter of public concern.

Who Can Access Arrest Records:

  • Members of the general public
  • Media organizations and journalists
  • Employers, subject to restrictions under the Fair Credit Reporting Act (FCRA)
  • Landlords, subject to applicable restrictions
  • Licensing agencies conducting background reviews
  • Background check companies operating under FCRA compliance
  • Attorneys and legal professionals
  • Academic researchers

Restrictions on Use:

The Fair Credit Reporting Act (FCRA) governs the use of arrest records in employment and housing decisions. Employers using consumer reporting agencies to obtain background check information must comply with FCRA notice and authorization requirements. Arrests that did not result in conviction may not be reported by consumer reporting agencies after seven years under federal law. South Dakota does not currently have a statewide "ban the box" law, but federal contractors are subject to federal fair chance hiring requirements. The distinction between an arrest and a conviction is legally significant; an arrest record does not establish guilt.

What's in Lincoln County Arrest Records

Personal Identification Information:

  • Full legal name
  • Aliases or "also known as" names
  • Date of birth
  • Age at time of arrest
  • Sex/gender
  • Race/ethnicity
  • Height and weight
  • Eye color and hair color
  • Identifying marks, including scars and tattoos
  • Address at time of arrest (may be limited or redacted)

Arrest Details:

  • Arrest date and time
  • Location of arrest (street address or general area)
  • Arresting agency (Sheriff's Office, municipal police department, South Dakota Highway Patrol, or other agency)
  • Arresting officer's name and badge number (included in some records)
  • Booking date and time
  • Booking number or arrest number
  • Warrant information, if the arrest was made pursuant to a warrant

Charges Information:

  • Specific criminal charges
  • Statute numbers violated
  • Charge descriptions
  • Classification, including felony degree or misdemeanor class
  • Number of counts for each charge
  • Domestic violence designation, if applicable
  • Gang-related designation, if applicable

Booking Information:

  • Booking facility name and location
  • Intake process timestamp
  • Booking photograph (mugshot)
  • Fingerprints are collected during booking but are not included in public-facing records
  • Personal property inventory

Custody and Bond Information:

  • Current custody status (in custody, released, or bonded out)
  • Bond amount set by the court
  • Bond type, which may include:
    • Cash bond
    • Surety bond
    • Personal recognizance (PR bond)
    • No bond
  • Release date and time, if the individual has been released
  • Release conditions, if made part of the public record

Court Information:

  • Court case number assigned following arrest
  • Court jurisdiction
  • Scheduled arraignment date
  • Court location
  • Judge assignment, if available at the time of the record search

Prior Arrest History (may be included):

Some arrest records include references to prior bookings within the same county, including previous booking numbers and historical charges. This information is not always included in a current arrest record and may require a separate records request.

What's Typically NOT in Public Arrest Records:

  • Detailed narrative of the arrest as contained in the police report
  • Witness statements
  • Victim identifying information
  • Evidence collected during the investigation
  • Investigative techniques or methods
  • Medical information
  • Mental health status
  • Substance abuse information
  • Social Security number (redacted pursuant to state and federal law)
  • Bank account or financial information

Difference Between Arrest Records and Related Documents:

  • Police reports: Contain more detailed incident narratives and investigative information not available in the booking record
  • Court records: Document legal proceedings that occur after the arrest, including hearings, motions, and dispositions
  • Criminal records: Reflect convictions and sentences imposed following adjudication
  • Background checks: Comprehensive screenings that draw from multiple sources, including court records, law enforcement databases, and state repositories

How Much Does It Cost to Get Arrest Records in Lincoln County?

The cost of obtaining arrest records in Lincoln County depends on the type of record requested and the agency from which it is sought. Under § 1-27-1.1 of the South Dakota Codified Laws, government agencies may charge fees for the actual cost of searching, retrieving, and copying public records. Fees are not permitted to exceed the actual cost of providing the records.

Standard Fee Schedule:

Record TypeFee
Standard paper copies$0.20 per page
Certified copies (Clerk of Court)$2.00 per document plus $0.20 per page
Criminal history record check (DCI)$15.00 per subject
Inspection of records (in person)No charge for inspection only
Electronic copiesFees vary by agency; contact the relevant office
  • Inspection of public records at the Clerk of Courts or Sheriff's Office is available at no charge during regular business hours
  • Copy fees apply when a requestor seeks physical or electronic reproductions of records
  • Certification fees apply when a requestor requires an official certified copy bearing the court seal
  • The South Dakota DCI charges $15.00 for a public criminal history record check submitted by mail or in person
  • Accepted payment methods at the Clerk of Courts include cash, check, and money order; contact individual agencies to confirm accepted payment forms
  • Fee waivers are not broadly available under South Dakota law, though indigent individuals involved in legal proceedings may seek waiver of court-related fees through the court

How To Delete Arrest Records in Lincoln County

Under South Dakota law, the process for removing arrest records from public access involves either expungement (legal erasure) or sealing (restricting public access). These are distinct remedies. Expungement results in the destruction or permanent removal of the record, while sealing restricts public access but preserves the record for law enforcement purposes.

Pursuant to § 23A-3-17 of the South Dakota Codified Laws, individuals whose charges were dismissed, who were acquitted, or against whom no charges were filed following an arrest may petition the court for expungement of the arrest record. Individuals who successfully completed a diversion program may also be eligible. Expungement is not available for convictions in most circumstances under current South Dakota law.

Eligibility for Expungement:

  • Arrest resulting in dismissal of all charges
  • Acquittal at trial (not guilty verdict)
  • No charges filed by the prosecutor following arrest
  • Successful completion of a court-approved diversion program
  • First-time offenders who meet specific statutory criteria

Steps to Petition for Expungement:

  1. Obtain a copy of the arrest record and associated court case file from the Lincoln County Clerk of Courts
  2. Confirm eligibility based on the disposition of the case
  3. Complete the petition for expungement form, available from the Clerk of Courts
  4. File the petition with the Second Judicial Circuit Court in Lincoln County
  5. Pay the applicable filing fee (contact the Clerk of Courts for the current amount)
  6. Serve the petition on the State's Attorney's Office, which has the opportunity to object
  7. Attend the scheduled hearing before the circuit court judge
  8. If the petition is granted, the court issues an order directing law enforcement agencies and the DCI to expunge or seal the record

Contact Information for Expungement Proceedings:

Lincoln County Clerk of Courts
104 N Main Ave, Suite 1
Canton, SD 57013
Phone: (605) 764-5651
Lincoln County | South Dakota Unified Judicial System

Lincoln County State's Attorney's Office
104 N Main Ave
Canton, SD 57013
Phone: (605) 764-2581
Lincoln County State's Attorney

Individuals seeking expungement are advised to consult with a licensed South Dakota attorney. The South Dakota State Bar Association maintains a lawyer referral service accessible through the State Bar of South Dakota.

What Happens After Arrest in Lincoln County?

Immediate Post-Arrest Process:

1. Transport to Jail

Following an arrest in Lincoln County, the arrested individual is transported to the Lincoln County Jail located at 104 N Main Ave, Canton, SD 57013. Transport time varies based on the location of the arrest within the county. The individual remains in restraints during transport and may be held briefly at the scene if the investigation requires additional time.

2. Booking Process

Upon arrival at the Lincoln County Jail, the arrested individual undergoes the booking process, which involves the following steps:

  • Personal information is recorded, including full legal name, date of birth, and address
  • Miranda rights are read if not already administered at the scene
  • A booking photograph (mugshot) is taken
  • Fingerprints are collected and submitted to the state and federal databases
  • A criminal history check is conducted
  • Outstanding warrants are checked through state and national databases
  • Personal property is inventoried and stored
  • Clothing is exchanged for a jail uniform
  • Medical screening is conducted
  • A brief mental health screening is administered
  • Housing classification is determined based on the nature of the charges and the individual's history

The booking process takes approximately one to four hours depending on the volume of individuals being processed at the time.

3. First Appearance/Initial Hearing

Under South Dakota law, an arrested individual must be brought before a magistrate or judge without unnecessary delay, and in no event later than 48 hours following a warrantless arrest. At the first appearance, the court:

  • Formally notifies the individual of the charges
  • Advises the individual of the right to counsel and appoints a public defender if the individual is indigent
  • Determines bond or bail
  • Advises the individual of all applicable rights

First appearances may be conducted via video conference from the jail facility. Court schedules for the Second Judicial Circuit are available through the South Dakota Unified Judicial System case search.

Bond/Bail Process:

Types of Bond:

Cash Bond:

  • The full bond amount must be paid in cash or certified funds
  • The amount is refunded at the conclusion of the case, minus applicable fees
  • The bond amount is set by the presiding judge or magistrate based on the nature of the charges and the individual's history

Surety Bond:

  • A licensed bail bondsman posts the full bond amount on behalf of the defendant
  • The defendant pays a non-refundable premium, which is set by state regulation
  • The bondsman assumes responsibility for the defendant's appearance at all court dates

Personal Recognizance (PR Bond):

  • The individual is released on a written promise to appear at all scheduled court dates
  • No monetary payment is required
  • The court considers ties to the community, employment status, criminal history, the nature of the charges, and flight risk in making this determination

No Bond:

  • The individual is held without the possibility of bond in cases involving serious violent offenses, a demonstrated flight risk, danger to the community, violation of probation or parole, an immigration hold, or an out-of-state warrant

Conditions of Release:

Conditions of release may include regular check-in requirements with pretrial services, travel restrictions, no-contact orders, drug and alcohol testing, GPS monitoring, and pretrial supervision.

4. Release or Continued Detention

If Bond Is Posted:

  • Processing for release takes approximately one to eight hours following payment
  • Personal property is returned upon release
  • The individual receives written notice of all upcoming court dates
  • Written conditions of release are provided and must be followed

If Bond Is Not Posted:

  • The individual remains in custody at the Lincoln County Jail
  • A housing assignment is made
  • Inmate orientation is conducted
  • Commissary account setup, phone privileges, and visitation schedules are explained

Accessing Legal Representation:

Public Defender:

Individuals who cannot afford private counsel are entitled to appointed representation. Eligibility is based on income and is determined at the first appearance. The public defender's office serves the Second Judicial Circuit.

Second Judicial Circuit Public Defender's Office
425 N Dakota Ave
Sioux Falls, SD 57104
Phone: (605) 367-5750
South Dakota Public Defender Program

Private Attorney:

Individuals have the right to retain private counsel at any stage of the proceedings. The State Bar of South Dakota maintains a lawyer referral service. Private attorneys may visit clients at the Lincoln County Jail during designated visitation hours, and all attorney-client consultations are confidential.

Charging Decision:

Prosecutor's Review:

The Lincoln County State's Attorney's Office reviews the arrest and determines whether to file formal charges. This review occurs within days to weeks following the arrest. The State's Attorney may file formal charges by information, request additional investigation, decline to prosecute, or file different or additional charges based on the evidence.

Arraignment:

At arraignment, the court formally reads the charges and the defendant enters a plea. The available pleas in South Dakota are guilty, not guilty, and not guilty by reason of mental illness. The majority of defendants enter a not guilty plea at arraignment, and the court sets subsequent hearing dates.

Court Process Overview:

Pretrial Phase:

During the pretrial phase, the prosecution and defense exchange evidence through the discovery process. This includes police reports, witness statements, physical evidence, and audio or video recordings. Pretrial motions, including motions to suppress evidence or dismiss charges, are filed and heard during this phase. Pretrial conferences allow the parties and the court to discuss case resolution and trial readiness.

Case Resolution Options:

  • Dismissal: Charges are dropped due to insufficient evidence, witness problems, or legal deficiencies; the defendant may petition for expungement
  • Diversion Programs: Eligible defendants may participate in pretrial intervention, drug court, mental health court, or veterans court; successful completion results in dismissal of charges
  • Plea Agreement: The defendant accepts a guilty or no contest plea to agreed-upon charges in exchange for a sentencing recommendation
  • Trial: The defendant exercises the right to a jury trial or bench trial; the prosecution and defense present their cases, and a verdict is returned

Sentencing (if convicted):

If the defendant is convicted, the court imposes a sentence at a separate sentencing hearing. Sentencing options include incarceration, probation, fines and court costs, restitution to victims, community service, drug or alcohol treatment, or a combination of these. The defendant receives credit for time served in pretrial detention. Appeal rights are explained at sentencing.

Timeline Overview:

  • Arrest to first appearance: Within 48 hours
  • First appearance to arraignment: Days to several weeks
  • Arraignment to trial or resolution: Several months, varying widely based on case complexity
  • Misdemeanor cases: Resolved within weeks to a few months in most instances
  • Felony cases: May take six months to over a year depending on complexity
  • Right to speedy trial: Guaranteed under the Sixth Amendment to the United States Constitution and Article VI, Section 7 of the South Dakota Constitution

Rights Throughout the Process:

  • Right to remain silent
  • Right to counsel
  • Right to a speedy and public trial
  • Right to confront witnesses
  • Right to present a defense
  • Right against self-incrimination
  • Right to appeal a conviction

Important Contacts:

Lincoln County Sheriff's Office (Jail)
104 N Main Ave
Canton, SD 57013
Phone: (605) 764-2568
Lincoln County Sheriff's Office

Lincoln County Clerk of Courts
104 N Main Ave, Suite 1
Canton, SD 57013
Phone: (605) 764-5651
Lincoln County | South Dakota Unified Judicial System

Lincoln County State's Attorney's Office
104 N Main Ave
Canton, SD 57013
Phone: (605) 764-2581
Lincoln County State's Attorney

Second Judicial Circuit Public Defender's Office
425 N Dakota Ave
Sioux Falls, SD 57104
Phone: (605) 367-5750
South Dakota Public Defender Program

What to Do If You're Arrested:

  1. Remain calm and cooperative with law enforcement
  2. Do not physically resist arrest
  3. Politely exercise the right to remain silent
  4. Request an attorney immediately and do not answer questions until counsel is present
  5. Do not discuss the case with anyone other than your attorney, including other inmates
  6. Contact family members or friends who may assist with bail
  7. Attend all scheduled court dates without exception
  8. Comply with all conditions of release

How Long Are Arrest Records Kept in Lincoln County?

Records Retention Overview:

The retention of arrest records in Lincoln County is governed by South Dakota state law and the records retention schedules established by the South Dakota State Records Center and Archives. Under the South Dakota Administrative Rules and applicable state statutes, law enforcement agencies and courts are required to maintain records for specified minimum periods based on the type of record and the disposition of the underlying case.

Arrest Records Retention by Type:

Active Arrest Records (Conviction Resulted):

Felony Convictions:

  • Retained permanently by the Sheriff's Office, the Clerk of Courts, the South Dakota DCI, and the FBI's National Crime Information Center (NCIC)
  • Felony conviction records are part of the individual's permanent criminal history and are not subject to destruction

Misdemeanor Convictions:

  • Retained permanently by the Clerk of Courts as part of the court record
  • Local law enforcement agencies retain booking records for a minimum period established by the state retention schedule
  • The South Dakota DCI retains misdemeanor conviction data in the state criminal history repository

Arrest Records (No Conviction):

Dismissed Charges:

  • Local law enforcement retains booking records for a period consistent with the state retention schedule, which is several years for most record types
  • Court records associated with dismissed cases are retained permanently as part of the court file
  • Records may remain in databases unless the subject obtains an expungement order

Acquittals (Not Guilty):

  • Court records are retained permanently
  • Local law enforcement booking records are retained for the applicable minimum period
  • The state repository retains the arrest entry unless updated following an expungement order

Charges Not Filed:

  • Booking records are retained for the applicable minimum period under the state retention schedule
  • Individuals whose charges were not filed are among those eligible to petition for expungement under current South Dakota law

Digital vs. Physical Records:

Physical Records:

  • Booking paperwork, fingerprint cards, and photographs are retained for the minimum period required by the state retention schedule
  • Evidence retention varies based on the outcome of the case and the nature of the evidence

Digital Records:

  • Computer-aided dispatch (CAD) records and records management system entries are often retained for longer periods than physical records
  • Electronic court records maintained by the South Dakota Unified Judicial System are retained permanently
  • Mugshot databases maintained by third-party commercial entities are not subject to state retention schedules

Third-Party Databases:

Commercial background check companies and third-party websites may retain arrest record information indefinitely and are not required to update their records when a court orders expungement. The FCRA requires consumer reporting agencies to maintain accurate records, but non-FCRA-regulated websites are not subject to the same obligations. Individuals who obtain an expungement order may need to contact third-party websites separately to request removal of their information.

Retention by Agency:

Sheriff's Office:

  • Booking records and arrest reports are retained for the minimum period established by the South Dakota State Records Center retention schedule
  • Investigative files are retained based on the nature of the case and applicable retention categories
  • Contact the Records Division at (605) 764-2568 for information about specific records

Clerk of Court:

  • Felony case files are retained permanently
  • Misdemeanor case files are retained for a minimum period based on the disposition of the case
  • Electronic records maintained through the South Dakota Unified Judicial System are retained permanently
  • Traffic case records are retained for the applicable minimum period

State Repository:

  • The South Dakota Division of Criminal Investigation maintains the state criminal history repository and retains arrest and conviction data submitted by law enforcement agencies statewide
  • Retention policy is governed by state administrative rules and DCI policy
  • The repository is accessible to law enforcement agencies statewide and to authorized entities conducting background checks

FBI Database:

  • The NCIC and the Interstate Identification Index (III) retain arrest and conviction data submitted by state agencies
  • Federal retention is permanent for most record types
  • These databases are accessible to law enforcement agencies nationwide and are used for employment background checks, firearms purchase background checks, and other authorized purposes

Effect of Disposition on Retention:

  • Conviction: Permanent retention in all applicable databases; part of the individual's permanent criminal history
  • Dismissal: May remain in databases unless the subject obtains an expungement order; dismissed charges are not reported as convictions on background checks
  • Expungement: Local records are destroyed or sealed; the state repository updates its records; the FBI database may retain a notation; removal from third-party databases is not guaranteed
  • No Charges Filed: Shortest retention period; may be purged automatically after the applicable minimum period; eligible for expungement petition under current law

Accessing Historical Arrest Records:

  • Recent arrests are available through online tools maintained by the Sheriff's Office and the South Dakota Unified Judicial System
  • Older arrests may require an in-person request at the Sheriff's Office or Clerk of Courts and may be subject to retrieval fees
  • Very old records that predate digitization may exist only in paper form in the county archives and may have been destroyed pursuant to the applicable retention schedule
  • Members of the public seeking historical records should contact the Lincoln County Sheriff's Records Division at (605) 764-2568 or the Clerk of Courts at (605) 764-5651

Destruction of Records:

Authorized destruction of records occurs after the applicable retention period expires, following a court order for expungement, or in accordance with the state records retention schedule. Documentation of destruction is maintained by the agency. Records subject to permanent retention, including felony conviction records, records of serious violent offenses, sex offense records, and records in cases with ongoing appeals, may not be destroyed.

Impact on Background Checks:

Under the FCRA, most employment background checks cover a seven-year period for non-conviction records. Convictions may be reported indefinitely. Some states impose more restrictive reporting limitations, but South Dakota does not currently impose a shorter reporting period beyond the federal standard. Arrests that did not result in conviction may not be used as the sole basis for adverse employment decisions in certain jurisdictions, and employers should consult applicable federal and state law before taking action based on arrest record information.

How to Check Retention Status:

Members of the public seeking information about the retention status of a specific arrest record may contact the Lincoln County Sheriff's Records Division at (605) 764-2568 or submit a written public records request to the Sheriff's Office at 104 N Main Ave, Canton, SD 57013. Fees may apply for copies of records provided in response to a written request.

Lookup Arrest Records in Lincoln County