Legal Question in Criminal Law in Missouri
MO-Suspended Imposition of Sentence
Can anybody tell me what are the exact consequences and meaning of a Suspended Imposition of Sentence (SIS) in Missouri?
My attorney is telling me that if probation is satisfactorily completed then the record is sealed and there is no conviction and therefore you have no entry on any criminal record. Is this true? I don't understand if this is true then how can probation be ordered? Please help...
1 Answer from Attorneys
Re: MO-Suspended Imposition of Sentence
In the first place, if you are represented by legal counsel then you should obtain your legal advice from your attorney. If you do not trust your attorney or if you do not believe the advice he or she is giving you, then you should get a second opinion from another attorney. Having said that, and with the express undertstanding that I am NOT giving you any legal advice, I can offer some general information in response to your question.
You have an arrest record. Receiving an SIS will not change that fact. There is a Court file with the legal documents charging you with the crime and other documents. If you enter a plea of guilty, theree will be documents setting forth your plea, and also a "sentencing form" or other pleading setting forth the results of the plea bargain. Receiving an SIS will not erase these records. There will also be FBI records, local law enforcement records, probation office records, and so forth, none of which are effected by you receiving as SIS. In Missouri, the law is the you do not receive a "conviction" until the Judge accepts your plea of guilty(or you are found guilty), AND the Judge imposes sentence. In your case, it sounds like the Judge will not be imposing sentence, but rather if the Judge goes along with the plea bargain, the Judge will suspend the imposition of sentence (SIS). This means that you will not have a conviction on your record. If in the future you are asked if you have been convicted, you can honestly say "no". However, if you violate the terms of your probation, the Judge may revoke your probation, impose sentence upon you, and you would wind up with a conviction. I hope that this has been helpful for you. Good luck.
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