Brown County Public Records / Brown County Arrest Records

Brown County Arrest Records

How To Look Up Arrest Records in Brown County in 2026

BrownCountyRecords.org provides access to publicly available information related to arrest records, booking data, and associated court filings in Brown County, South Dakota. Members of the public may find records that include booking photographs, charge information, custody status, and bond details. Available record categories include arrest logs, jail rosters, criminal court case filings, and law enforcement press releases.

Records may be searched through official resources including the Brown County Sheriff's Office, the Clerk of Courts, public access terminals at the courthouse, and online government portals. The following sections detail each available method.

Online Methods:

1. County Sheriff's Office Arrest Records

The Brown County Sheriff's Office maintains booking and arrest information for individuals processed through the county jail. The Sheriff's Office currently employs 65 full-time and 20 part-time personnel. Members of the public may contact the office directly to inquire about recent arrests. Information available through the Sheriff's Office includes the arrestee's name, booking number, charges, arresting agency, and custody status. Records are updated as bookings occur.

2. Local Police Departments

The Aberdeen Police Department serves as the primary municipal law enforcement agency within Brown County. The department publishes press releases and arrest logs that are accessible through the City of Aberdeen's official website. Members of the public seeking arrest information related to incidents occurring within Aberdeen city limits should direct inquiries to the Aberdeen Police Department.

Aberdeen Police Department
225 3rd Ave SE
Aberdeen, SD 57401
Phone: (605) 626-7911
Aberdeen Police Department

3. County Clerk of Court Case Search

The South Dakota Unified Judicial System maintains a public case search portal through which members of the public may search criminal court cases by defendant name. Arrest records are frequently linked to associated court case filings, which include charge information, hearing dates, and case dispositions. The South Dakota eCourts public case search allows name-based searches across all state court jurisdictions, including Brown County's Fifth Judicial Circuit.

Brown County Clerk of Courts
25 Market Street
Aberdeen, SD 57401
Phone: (605) 626-2451
South Dakota Unified Judicial System

4. State Law Enforcement Database

The South Dakota Division of Criminal Investigation (DCI) maintains the state's central criminal history repository. Members of the public may request a criminal history record check through the DCI. The repository includes arrest and disposition data submitted by law enforcement agencies statewide. A fee applies to public record requests; current fee schedules are available through the South Dakota DCI criminal records unit. Requests may be submitted by mail or in person.

In-Person Access:

Sheriff's Office:
22 Court Street, Suite 1
Aberdeen, SD 57401
Phone: (605) 626-7100
Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.
Brown County Sheriff's Office

Requestors should bring a valid government-issued photo identification and, where available, the full legal name of the subject, approximate date of arrest, and booking number. Copy fees apply per page as established under South Dakota law.

Clerk of Court:
25 Market Street
Aberdeen, SD 57401
Phone: (605) 626-2451
Hours: Monday–Friday, 8:00 a.m.–5:00 p.m.

Members of the public may inspect criminal case files at the Clerk of Court's office. Copy fees are assessed per page in accordance with § 15-15-5 of the South Dakota Codified Laws.

By Mail:

Written requests submitted to the Brown County Sheriff's Office should include the subject's full legal name, date of birth, approximate date of arrest, booking number if known, and the requestor's return mailing address. Payment for copies must accompany the request. Processing time varies based on request volume.

Brown County Sheriff's Office (Mailing Address)
PO Box 369
Aberdeen, SD 57402-0369

By Phone:

The Sheriff's Office may be reached at (605) 626-7100 during regular business hours. Callers should have the subject's full name, date of birth, and approximate arrest date available. Detailed record information is not released by phone; callers may be directed to submit a written request or visit in person.

Through Legal Channels:

Attorneys of record may request arrest and booking records through formal discovery processes. Subpoenas directed to the custodian of records compel production of documents in legal proceedings. Records obtained through discovery are subject to applicable 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, Aberdeen PD, or other agency)

Are Arrest Records Public in Brown County

Arrest records in Brown 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 serve the purposes of government transparency, public safety awareness, community notification, journalistic investigation, background screening, and use in legal proceedings.

What Arrest Information Is Public:

Arrestee name and aliases
Date and time of arrest
Location of arrest
Arresting agency
Charges filed at time of arrest
Booking number
Mugshot/booking photograph
Bond and bail information
Current custody status
Basic demographic information (age, physical description)

Limitations on Public Access:

Juvenile arrest records (restricted or sealed under South Dakota law)
Expunged arrest records (removed from public access by court order)
Sealed records (subject to court-ordered confidentiality)
Active investigation information that would compromise law enforcement operations
Undercover officer identities
Confidential informant information
Victim identifying information in certain offense categories
Participants in witness protection programs

Constitutional and Legal Basis:

South Dakota's public records framework reflects a balance between governmental transparency and individual privacy. The First Amendment to the United States Constitution supports press access to arrest information as a matter of public accountability. Due process considerations inform the distinction between an arrest, which reflects probable cause, and a conviction, which reflects a finding of guilt.

Who Can Access Arrest Records:

Members of the general public
Media organizations
Employers (subject to restrictions under the federal Fair Credit Reporting Act)
Landlords (subject to applicable restrictions)
Licensing agencies
Background check companies
Attorneys and legal professionals
Academic researchers

Restrictions on Use:

The federal Fair Credit Reporting Act (FCRA) governs the use of arrest records in employment and housing decisions. Employers using third-party background check companies must comply with FCRA notice and authorization requirements. The distinction between an arrest and a conviction is legally significant; an arrest does not establish guilt and may not be used as a basis for adverse employment action in certain jurisdictions.

What's in Brown County Arrest Records

Personal Identification Information:

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

Arrest Details:

Arrest date and time
Location of arrest (street address or general area)
Arresting agency (Sheriff's Office, Aberdeen Police Department, South Dakota Highway Patrol, or other)
Booking date and time
Booking number or arrest number
Warrant information, if applicable

Charges Information:

Specific criminal charges
Statute numbers violated
Charge descriptions and classifications (felony degree or misdemeanor class)
Number of counts per charge
Domestic violence designation, if applicable

Booking Information:

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

Custody and Bond Information:

Current custody status (in custody, released, or bonded out)
Bond amount as set by the court
Bond type: cash bond, surety bond, personal recognizance, or no bond
Release date and time, if released
Release conditions, where public

Court Information:

Court case number assigned
Court jurisdiction (Fifth Judicial Circuit, Brown County)
Scheduled arraignment date
Judge assignment, if available

What's Typically NOT in Public Arrest Records:

Detailed narrative of the arrest (police report contents)
Witness statements
Victim identifying information
Evidence collected during investigation
Investigative techniques
Medical or mental health information
Social Security number (redacted)
Financial account information

Difference Between Arrest Records and Related Documents:

Police reports: Contain detailed incident narratives not included in booking records
Court records: Document legal proceedings that follow an arrest
Criminal records: Reflect convictions and sentences, not merely arrests
Background checks: Compile information from multiple sources including court, law enforcement, and state repositories

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

Copy fees for public records in South Dakota are governed by state statute. Under § 1-27-1.1 of the South Dakota Codified Laws, agencies may charge a fee for copies of public records that reflects the actual cost of reproduction. The following fee structure applies to records requests at Brown County offices:

Record Type	Fee
Paper copies (per page)	$0.10–$1.00 (varies by office)
Certified copies	Additional certification fee applies
Electronic records	Varies; may be provided at no charge
Criminal history (DCI)	$15.00 per request (state repository)
Court record copies	Set by Unified Judicial System schedule

Members of the public may inspect records in person at no charge. Fees apply when copies are requested. Accepted payment methods at the Sheriff's Office and Clerk of Court include cash, check, and money order. The South Dakota DCI accepts payment by check or money order for mailed requests.

Fee waivers may be available for indigent requestors or in cases where the request serves a demonstrable public interest, subject to agency discretion. Online access to court case information through the South Dakota eCourts portal is available at no charge for basic case lookups.

How To Delete Arrest Records in Brown County

South Dakota law provides two primary mechanisms for limiting public access to arrest records: expungement (legal erasure) and sealing (restricting public access). Expungement results in the destruction or removal of records from public databases, while sealing restricts access without physical destruction. The distinction is significant because sealed records remain accessible to law enforcement agencies even when removed from public view.

Under South Dakota law, individuals may petition for expungement of arrest records in circumstances where charges were dismissed, the individual was acquitted, or the prosecutor declined to file charges. Individuals convicted of certain offenses may also be eligible for expungement after completing their sentence and satisfying a waiting period, subject to the nature of the offense and the individual's subsequent record.

The petition process requires filing a motion in the circuit court where the arrest or case originated. For Brown County matters, petitions are filed with the Fifth Judicial Circuit Court. The court reviews the petition, may schedule a hearing, and issues an order if the statutory criteria are satisfied. Upon entry of an expungement order, law enforcement agencies and the state repository are directed to remove or seal the subject records.

Steps to Petition for Expungement:

Obtain the case number and disposition from the Clerk of Courts
Confirm eligibility based on charge type, disposition, and waiting period
Complete the petition for expungement (forms available through the Clerk of Courts)
File the petition with the Fifth Judicial Circuit Court and pay the filing fee
Serve the petition on the prosecuting attorney's office
Attend any scheduled hearing
If granted, provide certified copies of the order to the Sheriff's Office and South Dakota DCI

Brown County Fifth Judicial Circuit Court
25 Market Street
Aberdeen, SD 57401
Phone: (605) 626-2451
South Dakota Unified Judicial System

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

Individuals seeking expungement are advised to consult with a licensed South Dakota attorney to assess eligibility and navigate the petition process. The State Bar of South Dakota maintains a lawyer referral service accessible through its official website.

What Happens After Arrest in Brown County?

Immediate Post-Arrest Process:

1. Transport to Jail

Following an arrest, the individual is transported to the Brown County Jail, located at 22 Court Street, Suite 1, Aberdeen, SD 57401. Transport is conducted by the arresting agency. The individual remains in restraints during transport and may be held briefly at the scene if investigation requires.

2. Booking Process

Upon arrival at the Brown County Jail, the booking process is initiated. This process involves recording personal information, photographing the individual (mugshot), collecting fingerprints, conducting a criminal history and outstanding warrants check, inventorying personal property, issuing jail clothing, and completing medical and mental health screenings. Housing classification is determined based on the nature of the charges and the individual's history.

3. First Appearance/Initial Hearing

Under South Dakota law, an arrested individual must be brought before a magistrate or judge without unnecessary delay, and no later than within 48 hours of arrest absent extraordinary circumstances. At the initial appearance, the court formally notifies the individual of the charges, advises the individual of their rights, determines eligibility for appointed counsel, and sets bond or bail conditions.

Bond/Bail Process:

Cash Bond: The full bond amount is paid in cash to the court or jail. The amount is refunded upon conclusion of the case, minus applicable fees, provided the individual appears at all required court dates.

Surety Bond: The individual engages a licensed bail bondsman, who posts the full bond amount in exchange for a non-refundable premium, which is set by state regulation.

Personal Recognizance (PR Bond): The individual is released upon a written promise to appear, without monetary payment. Eligibility is based on community ties, employment, criminal history, nature of charges, and assessed flight risk.

No Bond: The individual is held without the possibility of release on bond. Grounds include serious violent offenses, demonstrated flight risk, danger to the community, probation or parole violations, immigration holds, or out-of-state warrants.

Conditions of Release may include 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, the individual is processed for release, which may take several hours depending on facility volume. The individual receives written conditions of release and a court date. Failure to appear results in bond forfeiture and issuance of an arrest warrant. If bond is not posted, the individual remains in custody, receives a housing assignment, and is oriented to jail procedures including commissary, phone privileges, and visitation schedules.

Accessing Legal Representation:

Public Defender's Office:
Eligibility for appointed counsel is based on financial need. The application is completed at the initial appearance. The South Dakota Public Defender's Office serves indigent defendants in Brown County criminal proceedings.

South Dakota Public Defender's Office – Aberdeen
25 Market Street
Aberdeen, SD 57401
Phone: (605) 626-2470

Private counsel may be retained at any stage of the proceedings. Attorney visits at the Brown County Jail are conducted in confidential consultation areas.

Charging Decision:

The Brown 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, a grand jury may be convened to determine whether probable cause supports an indictment.

Brown County State's Attorney's Office
25 Market Street
Aberdeen, SD 57401
Phone: (605) 626-7140

Arraignment:

At arraignment, the court formally reads the charges and the defendant enters a plea of not guilty, guilty, or no contest. The majority of defendants enter a not guilty plea at arraignment, preserving the right to negotiate or proceed to trial. Subsequent court dates are set at this hearing.

Court Process Overview:

The pretrial phase includes discovery, pretrial motions, pretrial conferences, and plea negotiations. Case resolution may occur through dismissal, diversion programs (such as drug court or mental health court), a negotiated plea agreement, or trial. If convicted, sentencing options include incarceration, probation, fines, restitution, community service, treatment programs, or a combination thereof.

Timeline Overview:

Arrest to first appearance: Within 48 hours
First appearance to arraignment: Days to several weeks
Arraignment to trial or resolution: Months, varying by case complexity
Misdemeanors: Resolved within weeks to a few months
Felonies: May extend six months to over one year
Right to speedy trial: Guaranteed under the Sixth Amendment to the U.S. Constitution and Article VI, Section 7 of the South Dakota Constitution

Important Contacts:

Brown County Sheriff's Office (Jail)
22 Court Street, Suite 1
Aberdeen, SD 57401
Phone: (605) 626-7100
Brown County Sheriff's Office

Brown County Clerk of Courts
25 Market Street
Aberdeen, SD 57401
Phone: (605) 626-2451
South Dakota Unified Judicial System

Brown County State's Attorney's Office
25 Market Street
Aberdeen, SD 57401
Phone: (605) 626-7140

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 this right
Do not discuss the case with anyone other than retained or appointed counsel
Contact family or friends to assist with bail if applicable
Attend all scheduled court dates without exception
Comply with all conditions of release

How Long Are Arrest Records Kept in Brown County?

Retention of arrest records in Brown County is governed by South Dakota state law and applicable local records retention schedules. The South Dakota State Records Center and Archives administers retention schedules for government records, including law enforcement and court records.

Arrest Records Retention by Type:

Felony Convictions: Records are retained permanently by the Sheriff's Office, Clerk of Court, 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 appear on background checks indefinitely.

Misdemeanor Convictions: Local law enforcement and court records are retained for extended periods, with many agencies maintaining records permanently in electronic systems. The South Dakota DCI retains misdemeanor conviction data in the state criminal history repository.

Dismissed Charges: Records may remain in local law enforcement databases and court systems unless the individual obtains an expungement order. Dismissed charges are not reported as convictions on background checks but may appear as arrest records.

Acquittals: Court records of acquittals are maintained permanently by the Clerk of Court. Local law enforcement booking records are retained according to the applicable retention schedule. These records may be eligible for expungement.

Charges Not Filed: Booking records for arrests where no charges were filed are retained for a period determined by the agency's records retention schedule. These records are among the most eligible for expungement under South Dakota law.

Digital vs. Physical Records:

Electronic records management systems maintained by the Sheriff's Office and Clerk of Court retain data for extended periods, often permanently, due to the low cost of digital storage. Physical booking paperwork, fingerprint cards, and photographs are retained according to the applicable schedule. Mugshot databases maintained by third-party commercial entities are not subject to law enforcement retention schedules and may retain records indefinitely regardless of case outcome.

Retention by Agency:

Sheriff's Office: Booking records and arrest reports are retained according to the South Dakota records retention schedule applicable to law enforcement agencies. The Sheriff's Office may be contacted at (605) 626-7100 for information about specific records.

Clerk of Court: Felony case files are retained permanently. Misdemeanor and traffic case files are retained according to the Unified Judicial System's retention schedule. Electronic court records are maintained permanently in the eCourts system.

South Dakota DCI (State Repository): The DCI maintains criminal history records for all arrests reported by law enforcement agencies statewide. Retention is governed by state policy and federal requirements applicable to state criminal history repositories.

FBI Database: The NCIC and Interstate Identification Index (III) retain records submitted by state repositories. Federal retention is permanent for most criminal history data. These records are accessible to law enforcement agencies nationwide and are used in employment background checks for positions requiring federal clearance.

Effect of Disposition on Retention:

A conviction results in permanent retention across all databases. A dismissal or acquittal may result in the record remaining in databases unless expungement is obtained. An expungement order directs local agencies and the state repository to remove or seal the record; however, the FBI database may retain a notation of the record with an updated disposition. Third-party commercial background check companies are not automatically notified of expungements and may retain outdated information, which may give rise to FCRA claims if the information is reported inaccurately.

Accessing Historical Arrest Records:

Recent arrest records are accessible online through the South Dakota eCourts portal and by contacting the Sheriff's Office directly. Older records may require an in-person request and may not be available in digital format. Records subject to destruction under the applicable retention schedule may no longer be retrievable. Requestors seeking historical records should contact the Sheriff's Records Division at (605) 626-7100 or the Clerk of Courts at (605) 626-2451.

Impact on Background Checks:

Under the federal Fair Credit Reporting Act, consumer reporting agencies may report criminal history information for seven years for most purposes, though convictions may be reported indefinitely. South Dakota does not currently impose a shorter reporting period by statute. Arrests without convictions may appear on background checks but cannot be used as the sole basis for adverse employment decisions in jurisdictions with applicable fair chance laws.