Background Check Error Lawsuits in South Dakota

South Dakota has little employment or tenant screening law beyond the federal Fair Credit Reporting Act. There is no state mini-FCRA for background checks. There is no statewide ban-the-box law for private employers, and no state statute on tenant screening reports. For most residents, the federal rules are the main protection. A screening company must use reasonable procedures for maximum possible accuracy. An employer must give notice and get written permission before ordering a report, and must send a copy of the report before rejecting someone because of it. A consumer can dispute errors with the screening company.

Where South Dakota law does matter is in what records should show up at all. Under SDCL 23A-3-27, a person can ask a court to expunge an arrest record when no charges were filed, when the case was dismissed, or after an acquittal. Under SDCL 23A-3-34, cases where the most serious charge was a petty offense, a municipal ordinance violation or a Class 2 misdemeanor are removed from the public record after five years if the court's conditions were met and there were no new convictions. Under SDCL 23A-27-17, the record is sealed when a person completes a suspended imposition of sentence.

Screening companies often buy court data in bulk and may not update it. A report that lists an expunged arrest, a sealed suspended-imposition case or a removed petty offense may be inaccurate under the FCRA. So may a report that mixes up two people with similar names or shows a dismissed charge as a conviction. These cases can be filed in the U.S. District Court for the District of South Dakota.

Where South Dakota FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from South Dakota are heard in one federal district:

District of South DakotaCourthouses: Aberdeen, Pierre, Rapid City, Sioux Falls.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

South Dakota laws that add to the FCRA

Expungement of Arrest Records (SDCL 23A-3-27)
Lets a person ask the court to expunge an arrest record one year after arrest if no charges were filed, one year after the whole case is dismissed, or any time after an acquittal. Read it
Effect of Expungement (SDCL 23A-3-32)
An expungement order restores the person, in the eyes of the law, to their status before the arrest. The person cannot be held guilty of perjury or false statement for not mentioning the expunged arrest when asked. Read it
Automatic Removal of Minor Offenses (SDCL 23A-3-34)
Cases where the most serious charge was a petty offense, municipal ordinance violation or Class 2 misdemeanor are removed from the public record after five years if court conditions were met and there were no new convictions. Courts can still access the record. Read it
Sealing After Suspended Imposition of Sentence (SDCL 23A-27-17)
When a person is discharged after a suspended imposition of sentence, the court must seal the official records of the arrest, charge and finding of guilt, with an exception for certain nonpublic state records. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Does South Dakota have a ban-the-box law?

There is no South Dakota statute that bars private employers from asking about criminal history on a job application. Employers that use a background check company still must follow the federal FCRA, including the written notice, consent and pre-adverse action steps.

Can a background check show a suspended imposition of sentence?

Once a person is discharged after a suspended imposition of sentence, SDCL 23A-27-17 requires the court to seal the official records of the case. A screening report that still lists the case as a conviction may be inaccurate, and you can dispute it with the screening company.

Are there South Dakota rules for tenant screening reports?

South Dakota does not have a separate tenant screening statute. Tenant screening companies are consumer reporting agencies under the federal FCRA. They must use reasonable procedures for accuracy, and a landlord that denies an application based on a report must tell you and name the company.

How long do I have to file an FCRA lawsuit in South Dakota?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.