Davison County Arrest Records
How To Look Up Arrest Records in Davison County in 2026
DavisonRecords.us provides data and publicly available information related to arrest records in Davison County, South Dakota. Members of the public may find booking records, charge information, custody status, court case numbers, and related criminal history data through this resource. Available record categories include arrest logs, booking photographs, bond information, charge classifications, and court case filings. Information presented reflects publicly accessible data and may not represent complete or fully current records.
Records may be searched through official resources including the county sheriff's office, the clerk of courts, public access terminals at the courthouse, and online government databases. The following sections outline each available method in detail.
Online Methods:
1. County Sheriff's Office Arrest Records
The Davison County Sheriff's Office maintains booking records and jail roster information for individuals processed at the Davison County Jail. Members of the public may contact the Sheriff's Office directly to inquire about current custody status and recent arrest activity. The office does not currently maintain a publicly accessible online jail roster, so direct contact or in-person inquiry is the primary method for obtaining current booking information.
- Available information: arrestee name, booking date, charges, bond status, custody status
- Update frequency: records updated as bookings occur
- Search capability: by name or booking number upon direct inquiry
2. Local Police Departments
The Mitchell Police Department serves as the primary municipal law enforcement agency within Davison County. The department issues press releases and public notifications regarding significant arrests, which are accessible through the City of Mitchell's official communications channels. Members of the public seeking arrest logs or incident-based arrest information may submit a public records request directly to the department.
Mitchell Police Department
601 N. Main St.
Mitchell, SD 57301
Phone: (605) 995-8400
City of Mitchell
3. County Clerk of Court Case Search
Court cases arising from arrests in Davison County are filed in the Sixth Judicial Circuit Court. Members of the public may search case records through the South Dakota Unified Judicial System's Public Access Record System, which reflects docket entries in criminal matters, domestic protection orders, and stalking protection proceedings. Searching by an arrestee's name will return associated court case filings, charge information, and scheduled hearing dates.
The South Dakota Court Records Access portal provides several methods for the public to access court case information, check court dates, and conduct court record searches statewide, including cases originating in Davison County.
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 request a name-based criminal history record check through the DCI. The repository includes arrest and disposition information submitted by law enforcement agencies across the state.
- Available information: arrest history, charges, dispositions, conviction records
- Fee: $15.00 per name-based search for public requesters
- Requests submitted through the South Dakota Public Records Request Portal
In-Person Access:
Sheriff's Office:
Davison County Sheriff's Office
100 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8620
Davison County Sheriff
- Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.
- What to bring: valid government-issued photo identification, full name of subject, approximate date of arrest or booking number if known
- Copy fees: $0.10 per page for standard copies; certification fees may apply
Clerk of Court:
Davison County Clerk of Courts – Sixth Judicial Circuit
200 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8191
South Dakota Unified Judicial System
- Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.
- Criminal records division handles case file inspection
- Copy fees: $0.20 per page; certified copies available for an additional fee
By Mail:
Written requests for arrest records may be directed to the Davison County Sheriff's Office at 100 E. 4th Ave., Mitchell, SD 57301. Requests should include the following:
- Full legal name of the subject
- Date of arrest, if known
- Booking number, if known
- Requestor's full name and return mailing address
- Payment for applicable copy fees (check or money order payable to Davison County Sheriff's Office)
- Processing time: 5–10 business days for standard requests
By Phone:
- Davison County Sheriff's Office: (605) 995-8620
- Callers should have the subject's full name, date of birth, and approximate arrest date available
- Limited information is available by phone; callers may be directed to submit a written request or visit in person
Through Legal Channels:
Attorneys of record may request arrest records and associated investigative materials through formal discovery processes. Subpoenas may be issued for detailed records not available through standard public access channels. Records obtained through discovery in active legal proceedings are governed by applicable court rules and protective orders.
Information Needed for Search:
- Full legal name (first and last at minimum)
- Date of birth or approximate age
- Approximate date of arrest
- Booking number, if known
- Jurisdiction of arrest (Sheriff's Office, Mitchell Police Department, or other agency)
Are Arrest Records Public in Davison County
Arrest records in Davison County are public records under South Dakota 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 this presumption of openness because they document official government action — the exercise of law enforcement authority — and serve the public interest in government transparency, community safety awareness, journalistic inquiry, background screening, and legal proceedings.
As the South Dakota Legislature has recognized, "the people's right to know the operations of their government is fundamental to a democratic society." This principle underlies the broad public accessibility of arrest records maintained by Davison County law enforcement agencies and courts.
What Arrest Information Is Public:
- Arrestee name and known aliases
- Date and time of arrest
- Location of arrest
- Arresting agency
- Charges filed at time of arrest
- Booking number
- Booking photograph (mugshot)
- 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 pertaining to active investigations may be withheld to protect investigative integrity
- Undercover officer identities are exempt from disclosure
- Confidential informant information is protected
- Victim identifying information may be withheld in certain offense categories
- 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 information about the conduct of their government. The First Amendment to the United States Constitution further supports press and public access to arrest records as a matter of historical openness. Courts have consistently recognized that the public's interest in knowing who has been arrested and on what charges outweighs general privacy interests in the arrest information itself, while acknowledging that an arrest does not constitute proof of guilt.
Who Can Access Arrest Records:
- General public
- Media organizations and journalists
- Employers, subject to restrictions under the federal Fair Credit Reporting Act (FCRA)
- Landlords, subject to applicable housing discrimination laws
- Licensing agencies conducting fitness determinations
- Background check companies operating under FCRA compliance obligations
- Attorneys and legal professionals
- Academic researchers
Restrictions on Use:
The FCRA governs the use of arrest records in employment and tenant screening contexts. Employers using third-party background check services must comply with FCRA notice and authorization requirements. South Dakota does not currently have a statewide "ban the box" law, but federal contractors are subject to applicable federal guidance. The distinction between an arrest record and a conviction record is legally significant: an arrest without a resulting conviction does not establish criminal conduct and should not be treated as equivalent to a conviction in employment or housing decisions.
What's in Davison County Arrest Records
Arrest records maintained by Davison County law enforcement agencies and the Sixth Judicial Circuit Court contain several categories of information.
Personal Identification Information:
- Full legal name and any aliases or "also known as" names
- Date of birth and age at time of arrest
- Sex and gender
- Race and ethnicity
- Height and weight
- Eye color and hair color
- Identifying marks such as scars or tattoos
- Address at time of arrest (may be partially redacted)
Arrest Details:
- Date and time of arrest
- Location of arrest by street address or general area
- Arresting agency (Sheriff's Office, Mitchell Police Department, South Dakota Highway Patrol, or other)
- Arresting officer name and badge number, where available
- Booking date and time
- Booking number or arrest number
- Warrant information, if the arrest was warrant-based
Charges Information:
- Specific criminal charges as filed
- Statute numbers violated
- Charge descriptions
- Classification by felony degree or misdemeanor class
- Number of counts per charge
- Domestic violence designation, if applicable
- Gang-related designation, if applicable
Booking Information:
- Booking facility name and location (Davison County Jail)
- Intake process timestamp
- Booking photograph (mugshot)
- Fingerprints are collected during booking but are not included in standard public records
Custody and Bond Information:
- Current custody status (in custody, released, or bonded out)
- Bond amount as set by the court
- Bond type, including cash bond, surety bond, personal recognizance bond, or no bond
- Release date and time, if the individual has been released
- Release conditions, where publicly available
Court Information:
- Court case number assigned following charging
- Court jurisdiction (Sixth Judicial Circuit)
- Scheduled arraignment date
- Court location
- Judge assignment, where available through the South Dakota Unified Judicial System
What's Typically NOT in Public Arrest Records:
- Detailed narrative of the arrest from the police report
- Witness statements
- Victim identifying information
- Evidence collected during the investigation
- Investigative techniques or methods
- Medical or mental health information
- Social Security number (redacted by law)
- Financial account information
Difference Between Arrest Records and Related Documents:
- Police reports: Contain detailed incident narratives, witness accounts, and investigative findings not included in the arrest record itself
- Court records: Document legal proceedings initiated after arrest, including hearings, motions, and dispositions
- Criminal records: Reflect convictions and sentences imposed following adjudication
- Background checks: Compile information from multiple sources including arrest records, court records, and conviction histories
How Much Does It Cost to Get Arrest Records in Davison County?
The cost to obtain arrest records in Davison County varies by the type of record requested and the agency holding the record. 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, but fees may not be used as a barrier to public access.
Standard Fee Schedule:
| Record Type | Fee |
|---|---|
| Standard paper copies (Sheriff's Office) | $0.10 per page |
| Standard paper copies (Clerk of Court) | $0.20 per page |
| Certified copies (Clerk of Court) | $2.00 per document plus copy fee |
| DCI name-based criminal history search | $15.00 per search |
| Electronic records (where available) | Varies by agency |
- Inspection of records at the Clerk of Court or Sheriff's Office is available at no charge; fees apply only to copies
- Certification fees apply when a certified copy bearing the court seal is required
- Search fees are not separately charged by the Clerk of Court for standard name searches
- Accepted payment methods at the Clerk of Court include cash, check, and money order payable to the Clerk of Courts; the Sheriff's Office accepts cash and money order
- Fee waivers may be available for indigent requestors upon written application; agencies evaluate waiver requests on a case-by-case basis
What Is Available at No Cost:
- In-person inspection of public court records at the Clerk of Court
- Online case searches through the South Dakota Unified Judicial System Public Access Record System at no charge
- Review of publicly posted arrest information at the Sheriff's Office counter
How To Delete Arrest Records in Davison County
South Dakota law provides a mechanism for the expungement of certain arrest records, which constitutes the legal erasure or destruction of those records. Expungement differs from sealing, which restricts public access to records without destroying them. Under § 23A-3-26 of the South Dakota Codified Laws, a person whose arrest did not result in a conviction may petition the court for expungement of the arrest record.
Eligibility for Expungement:
- Charges were dismissed
- The prosecutor declined to file charges
- The individual was acquitted at trial
- The case was resolved through a diversion program resulting in dismissal
- Juvenile adjudications may be eligible for separate sealing procedures under South Dakota juvenile records law
Individuals convicted of an offense are not eligible for expungement of the arrest record associated with that conviction under current South Dakota law. South Dakota does not currently provide a general expungement remedy for adult felony or misdemeanor convictions.
Steps to Petition for Expungement:
- Obtain the case number and disposition documentation from the Davison County Clerk of Courts
- Complete a Petition for Expungement, available from the Clerk of Courts or the South Dakota Unified Judicial System
- File the petition with the Sixth Judicial Circuit Court at the Davison County Courthouse
- Pay the applicable filing fee (contact the Clerk of Courts for the current amount)
- Serve copies of the petition on the Davison County State's Attorney's Office and any law enforcement agency holding records related to the arrest
- Attend the scheduled hearing; the court will determine whether expungement is warranted
- If granted, the court issues an expungement order directing all relevant agencies to destroy or seal the records
Davison County State's Attorney's Office
200 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8160
Davison County
Davison County Clerk of Courts
200 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8191
South Dakota Unified Judicial System
Following the issuance of an expungement order, the Sheriff's Office, Mitchell Police Department, and the DCI are directed to update their records accordingly. Third-party commercial databases are not bound by expungement orders and may retain records independently; individuals may need to contact those services separately to request removal.
What Happens After Arrest in Davison County?
Immediate Post-Arrest Process:
1. Transport to Jail
Following an arrest in Davison County, the arrested individual is transported to the Davison County Jail, located at 100 E. 4th Ave., Mitchell, SD 57301. Transport time varies based on the location of the arrest within the county. The individual remains in custody of the arresting officer during transport.
2. Booking Process
Upon arrival at the Davison County Jail, the booking process is initiated. The process typically takes one to four hours depending on facility volume. Steps include:
- Recording of personal identifying information
- Advisement of Miranda rights, if not previously given
- Booking photograph (mugshot) taken
- Fingerprints collected and submitted to state and federal databases
- Criminal history and outstanding warrant checks conducted
- Personal property inventoried and secured
- Medical and mental health screening completed
- Housing classification determined
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 initial appearance:
- The individual is formally notified of the charges
- The right to appointed counsel is addressed for those who qualify
- Bond or bail is determined
- Rights are explained
- Hearings may be conducted via video conference
Bond/Bail Process:
Cash Bond: The full bond amount is paid in cash to the Clerk of Courts. The amount is refunded at the conclusion of the case, minus applicable fees, provided all court appearances are made.
Surety Bond: A licensed bail bondsman posts the full bond amount in exchange for a non-refundable premium, typically ten percent of the total bond. The bondsman assumes responsibility for the defendant's appearance.
Personal Recognizance (PR) Bond: The individual is released on a written promise to appear without monetary payment. Eligibility is based on community ties, employment status, criminal history, the nature of the charges, and assessed flight risk.
No Bond: The court may order that no bond be set in cases involving serious violent offenses, demonstrated flight risk, danger to the community, probation or parole violations, immigration holds, or active out-of-state warrants.
Conditions of Release may include regular check-in requirements, 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. The individual receives a court date, written conditions of release, and a return of personal property. Failure to appear at any scheduled court date results in bond forfeiture and issuance of an arrest warrant.
If bond is not posted, the individual remains in custody at the Davison County Jail pending further court proceedings.
Accessing Legal Representation:
Public Defender:
Davison County Public Defender
200 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8170
South Dakota Unified Judicial System
Eligibility for appointed counsel is based on financial need. An application is completed at or shortly after the initial appearance.
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 for those seeking private representation.
Charging Decision:
The Davison County State's Attorney's Office reviews the arrest and determines whether to file formal charges, request additional investigation, decline prosecution, or file different charges. For felony matters, the State's Attorney may proceed by information following a preliminary hearing or by grand jury indictment. The review process typically occurs within days to a few weeks of arrest.
Arraignment:
At arraignment, the defendant is formally advised of the charges and enters a plea of not guilty, guilty, or no contest. Most defendants enter a not guilty plea at arraignment, and subsequent court dates are set for pretrial proceedings.
Court Process Overview:
The pretrial phase includes discovery — the exchange of police reports, witness statements, physical evidence, and audio or video recordings between the prosecution and defense. Pretrial motions, including motions to suppress evidence or dismiss charges, may be filed and heard before trial. Plea negotiations may result in a resolution prior to trial.
Case resolution options include dismissal, diversion program completion, a negotiated plea agreement, or trial before a jury or judge. If convicted, sentencing options include incarceration, probation, fines, restitution, community service, treatment programs, or a combination thereof. Credit is applied for time served in pretrial detention.
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 by case complexity
- Misdemeanor cases: resolved within weeks to a few months in most instances
- Felony cases: resolved within several months to over a year depending on complexity
- The right to a speedy trial is 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:
Davison County Sheriff's Office (Jail)
100 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8620
Davison County Sheriff
Davison County Clerk of Courts
200 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8191
South Dakota Court Records Access
Davison County State's Attorney's Office
200 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8160
Davison County
Davison County Public Defender
200 E. 4th Ave.
Mitchell, SD 57301
Phone: (605) 995-8170
South Dakota Unified Judicial System
What to Do If Arrested:
- Remain calm and cooperative with law enforcement
- Do not physically resist arrest
- Exercise the right to remain silent by politely declining to answer questions
- Request an attorney immediately and do not waive that right
- Do not discuss the case with anyone other than an attorney
- Contact family or a trusted individual to assist with bail if needed
- Attend all scheduled court dates without exception
- Comply with all conditions of release
How Long Are Arrest Records Kept in Davison County?
Records Retention Overview:
Retention of arrest records in Davison County is governed by South Dakota state law and the records retention schedules established by the South Dakota State Records Center and Archives. Local law enforcement agencies and the Clerk of Courts follow the General Records Retention Schedule applicable to county government entities.
Arrest Records Retention by Type:
Felony Convictions: Records associated with felony convictions are retained permanently by the Sheriff's Office, the Clerk of Courts, the South Dakota DCI, and the FBI's National Crime Information Center (NCIC). These records form a permanent part of the individual's criminal history.
Misdemeanor Convictions: Court records for misdemeanor convictions are retained permanently by the Clerk of Courts. Local law enforcement records are retained for a minimum of seven years following case closure, with many agencies retaining records permanently in digital format.
Dismissed Charges: Arrest records associated with dismissed charges remain in law enforcement and court databases unless the subject obtains an expungement order. Court records for dismissed cases are retained for a minimum of ten years by the Clerk of Courts. The DCI state repository retains arrest records regardless of disposition unless directed otherwise by court order.
Acquittals: Court records for cases resulting in acquittal are retained permanently by the Clerk of Courts. Local law enforcement records are retained for a minimum of seven years. These records may be eligible for expungement upon petition.
Charges Not Filed: Booking records for arrests where no charges were filed are retained by the Sheriff's Office for a minimum of three years. These arrests are among the most eligible for expungement under current South Dakota law.
Digital vs. Physical Records:
Physical booking paperwork, fingerprint cards, and photographs are retained according to the applicable records retention schedule. Digital records maintained in records management systems and court electronic filing systems are retained permanently in most instances. Mugshot databases maintained by third-party commercial services are not subject to government retention schedules and may retain records indefinitely.
Retention by Agency:
Sheriff's Office: Booking records and arrest reports are retained for a minimum of seven years following case closure for non-conviction matters and permanently for conviction-related records. Contact: (605) 995-8620.
Mitchell Police Department: Arrest records and incident reports are retained consistent with the South Dakota General Records Retention Schedule, with a minimum of seven years for most categories. Contact: (605) 995-8400.
Clerk of Courts: Felony case files are retained permanently. Misdemeanor case files are retained permanently in electronic format. Traffic case files are retained for a minimum of ten years.
South Dakota DCI State Repository: The DCI maintains arrest and disposition records from all jurisdictions in South Dakota. Retention is permanent for conviction records; non-conviction records are retained unless expunged by court order.
FBI Database: The NCIC and Interstate Identification Index (III) retain records at the federal level on a permanent basis. These records are accessible to law enforcement agencies nationwide and are used in employment background checks for positions requiring federal clearance and in firearms purchase background checks.
Effect of Disposition on Retention:
A conviction results in permanent retention across all databases. A dismissal may result in the record remaining in databases unless expungement is obtained. An expungement order directs local agencies and the DCI to destroy or seal records; however, the FBI database may retain a notation of the record even following expungement, and third-party commercial databases are not legally required to remove records in response to a state expungement order.
Impact on Background Checks:
Under the FCRA, most consumer reporting agencies limit reporting of non-conviction arrest records to seven years. Conviction records may be reported indefinitely. South Dakota does not currently impose additional state-level restrictions on the reporting period for conviction records beyond the FCRA framework. Individuals who have obtained expungements should be aware that some background check providers may not update their databases promptly and may need to be contacted directly with a copy of the expungement order.
How to Check Retention Status:
Members of the public seeking information about the retention status of a specific arrest record may contact the Davison County Sheriff's Records Division at (605) 995-8620 or submit a written public records request to the Sheriff's Office at 100 E. 4th Ave., Mitchell, SD 57301. Fees may apply for copies of responsive records.
Lookup Arrest Records in Davison County
- South Dakota court case information and record searches
- South Dakota Unified Judicial System – court information and legal resources
- South Dakota Public Access Record System – criminal docket entries and protection orders
- South Dakota Public Records Request Portal – submit open records inquiries to state agencies