What is a Suspended Imposition of Sentence?
Under Missouri Law, judges have many options at their disposal following a finding of guilt at trial or a plea of guilty. One of these options is referred to as a Suspended Imposition of Sentence, or “SIS”.
With an SIS, the judge does not impose a sentence - that is, a term of days, months, or years imprisonment, or a fine, is not pronounced. Instead, the defendant is placed on probation (although Missouri law does not require a term of probation for an SIS, most, if not all, SIS cases come with probation). For a misdemeanor, probation can be for any amount of time, although commonly the term of probation is 2 years, 1 year, 18 months, or 6 months. For a felony, the term of probation is 5 years, but under the Earned Compliance Credit law, R.S.Mo 217.703, it can be completed in as little as 2 ½ years.
If the defendant receives a suspended imposition of sentence and completes probation successfully, the case becomes a closed record, and the individual does not suffer a criminal conviction. This is a favorable result in many cases. It is important to note, though, that even though the case is a closed record and there is no conviction, the charge has not been “expunged” or destroyed.
If the individual violates the terms of probation, by not following through with one of the conditions, for example: absconding, committing a new offense, or failing a drug test, the judge may set a Probation Violation Hearing. It is important to have an attorney representing you for a probation violation hearing, as a skilled criminal defense attorney can defend against the violation, negotiate the resolution of the probation violation with the prosecutor, and/or advocate for a certain resolution of the violation with the judge. Options for post-violation action include the individual being continued on probation, with or without an additional duration being added, the probation being revoked, but then the defendant being reinstated on a new term of probation, the probation being revoked, with a sentence imposed, and that sentence is either suspended (probation/SES), or ordered executed (pay a fine or go to jail/prison). If you have an SIS, and the judge chooses to impose a sentence, whether executed or not, you will lose the benefit of the SIS and receive a conviction for the offense, and the record of the plea and conviction will thereafter be an open record (unless later expunged).
Lawyers and judges sometimes talk about the “double-edged sword” or “pros and cons” of an SIS. This is because if there is no sentence imposed, after a finding of a probation violation by the judge, the judge will have the full range of punishment available to him or her. For example - Client has an SIS for felony possession of a controlled substance (a class D felony, carrying a maximum of 7 years in prison and a fine of up to $10,000), and that SIS is ordered revoked after a probation violation hearing. If the judge does not continue Client on probation or reinstate the SIS probation, and instead chooses to impose a sentence, the judge can sentence Client to a fine, one day in jail, 7 years in prison, or anything in between. If, however, Client originally received a sentence, or after an earlier probation violation hearing, of 3 years in prison, the judge can only order the 3 year sentence executed - and not more. There are, of course, always exceptions and intricacies to these kinds of resolutions, including adding up to 120 days jail shock time as a condition of probation, or sending Client to the Missouri Department of Corrections for a 120-day treatment or shock incarceration program. If you are facing a probation violation, careful choice of counsel will ensure that all of your options are explored and explained to you in detail.
Above, I mention that a closed record is still available to certain entities. According to Missouri Revised Statute 610.120, closed records are not destroyed, and are available to:
The defendant
criminal justice agencies for the administration of criminal justice
criminal justice employment
screening persons with access to criminal justice facilities, procedures, and sensitive information
to law enforcement agencies for issuance or renewal of a license, permit, certification, or registration of authority from such agency including but not limited to watchmen, security personnel, private investigators, and persons seeking permits to purchase or possess a firearm
those agencies authorized by chapter 43 and applicable state law when submitting fingerprints to the central repository
the sentencing advisory commission created in section 558.019 for the purpose of studying sentencing practices in accordance with chapter 43
qualified entities for the purpose of screening providers defined in chapter 43
the department of revenue for driver license administration
the department of public safety for the purposes of determining eligibility for crime victims' compensation pursuant to sections 595.010 to 595.075
department of health and senior services for the purpose of licensing and regulating facilities and regulating in-home services provider agencies
federal agencies for purposes of criminal justice administration, criminal justice employment, child, elderly, or disabled care
such investigative purposes as authorized by law or presidential executive order
As you can see, there are many exceptions in 610.120. There are many more exceptions in chapter 43, so it is important to discuss with your attorney the impact of a Suspended Imposition of Sentence on potential future background checks. For some, a Suspended Imposition of Sentence is not the best outcome, and for others, it is an outstanding outcome. Your attorney will discuss these issues with you in detail, and some law firms, including Faber Law Firm, offer follow-up advice after your case is closed to investigate how your SIS will appear in reference to a specific inquiry.
*The above is intended for education purposes only, and should not be considered legal advice. Reading this post does not establish an attorney-client relationship, nor should you rely on this post for any decision-making, unless otherwise notified by your attorney. Any information in this post is subject to change, as laws frequently change, as do courts’ interpretations of the law. If you have any questions about this post, they should be directed to your attorney.