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The Governor of South Dakota released a statement in support of Second Chance laws and explained that a bipartisan bill has been signed.

The Governor’s Statement

In an official statement, South Dakota's Governor Kristi Noem announced that legislators are taking steps to help fill job openings and give residents opportunities to find employment. The Governor mentioned a newly signed Second Chance bill will “create a set of standards to consider criminal histories and any possible rehabilitation by applicants and licensees.” This is intended to remove barriers that can prevent people from returning to the workforce.

Governo Noem said people should not have to struggle for the rest of their lives because of one or two bad decisions. The statement also mentioned that SD needs more qualified workers and people should be able to feel they have an opportunity to achieve the American dream. To emphasize this point, the statement ended with: “In South Dakota, everyone has the Freedom to Get a Second Chance.”

State Bill 57

South Dakota’s State Bill 57 (SB57) creates uniform procedures for the consideration of criminal records in professional or occupational licensure. It says that to determine if a conviction has a direct relation to an occupation, the following must be reviewed:

• The nature and seriousness of the crime;
• The relationship of the crime to the purposes of regulating the profession or occupation for which the license is sought or held;
• The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and
• Any personal statement of an applicant or licensee regarding whether each crime directly relates to the profession or occupation for which the license is sought or held.

If a conviction is found to be relevant to the type of license being sought, then that can result in a denial. However, the reviewer must also consider any rehabilitation the person has gone through when determining if granting the license would create an unnecessary risk.

What Employers Should Know

Employers in South Dakota should be aware of this law and know the current best practice is to individually assess convictions that are returned in a criminal background check. This helps hiring managers determine if a criminal record warrants the revocation of a conditional job offer.

Second Chance laws are meant to help people re-enter society and employers build strong teams. However, screening candidates remains an important part of the employment process. Running background checks helps hiring managers make informed decisions while maintaining safe workplaces.

If Your Organization Is Hiring

When your business is looking for employees, volunteers or contractors, comprehensive background checks can help you complete your due diligence requirements and protect your brand, staff and the people you serve.

If your organization is brining on employees, volunteers or contractors, please contact us. Backgrounds Online has been helping employers identify and hire strong players for more than two decades. We can work with you to customize screening packages based on your needs, relevant laws and industry standards. Our knowledgeable team is available to assist you Monday through Friday from 5am to 6pm PT.