What is a Suspended Imposition of Sentence (SIS) in Missouri?

If someone has been charged with a crime in Missouri, they may have heard their attorney mention something called a “Suspended Imposition of Sentence” or “SIS.” This legal term sounds confusing, but it often represents one of the best possible outcomes in a criminal case — the chance to avoid a conviction on one’s record.

At Rose Legal Services, we’ve helped thousands of clients obtain SIS dispositions that allowed them to move forward with their lives without the burden of a criminal conviction. We’re passionate about helping good people get a second chance, and SIS is one of the most powerful tools available to achieve that goal.

What is a Suspended Imposition of Sentence?

A Suspended Imposition of Sentence (SIS) is a special type of probation available under Missouri law. When a judge grants an SIS, the defendant pleads guilty to the charge, but the court does not enter a conviction or impose a sentence. Instead, the judge suspends imposition of the sentence and places the defendant on probation with specific conditions.

If the defendant successfully completes probation, the court closes the case without ever entering a conviction. This means the defendant can truthfully say that, as a matter of Missouri law, he or she has not been convicted of that crime. Moreover, upon successful completion of probation, the case becomes a “closed” record – in other words, not a public record – and will be removed from the public version of CaseNet. This helps preserve people’s ability to find employment, maintain professional licenses, secure housing, and avoid enhanced penalties in future cases.

How Does SIS Differ From Regular Probation?

Understanding the difference between SIS and other sentencing options is essential:

Suspended Imposition of Sentence (SIS)

• The defendant pleads guilty
• No conviction is entered
• No sentence is imposed
• The defendant is placed on probation with conditions
• If the defendant completes probation successfully, the case closes without a conviction
• If the defendant completes probation successfully, the case is no longer a public record and will be removed from the public version of CaseNet
• In many instances, the charge can be expunged after completing probation and a waiting period, if the charge and the defendant are otherwise eligible

Suspended Execution of Sentence (SES)

• The defendant pleads guilty
• A conviction is entered
• The judge imposes a sentence but suspends execution of that sentence
• The defendant is placed on probation with conditions
• If the defendant completes probation successfully, the suspended sentence is never served
• However, the conviction remains on the defendant’s public record

The key advantage of an SIS is that no conviction appears on the defendant’s record if he or she successfully completes probation, and the case is removed from public records.

Who Qualifies for SIS in Missouri?

Not everyone charged with a crime qualifies for SIS. Missouri law places limitations on when courts can grant this favorable disposition.

General Eligibility Requirements

Courts typically grant SIS to defendants who:

• Are first-time offenders or have minimal criminal history
• Are charged with less serious offenses
• Accept responsibility for their actions
• Demonstrate good prospects for rehabilitation
• Present minimal risk to public safety

Statutory Restrictions on SIS

Missouri law prohibits SIS for certain serious offenses. Under RSMo § 559.115, SIS is not available for:

• Class A felonies
• Dangerous felonies as defined in RSMo § 556.061
• Any offense requiring registration as a sex offender
• Some Driving While Intoxicated (DWI) convictions

Additionally, if the defendant has previously received an SIS for certain offenses, it may be difficult to obtain an SIS again. An SIS is often a “once in a lifetime” opportunity.

Offenses Where SIS Is Commonly Granted

SIS is often available for charges such as:

• Possession of Controlled Substances (first offense)
• Stealing (shoplifting and theft charges)
• Assault in the Fourth Degree
• Property Damage
• Trespassing
• Fraudulent Use of a Credit Device
• Minor drug offenses
• Many misdemeanors and lower-level felonies

The prosecutor and judge have discretion in deciding whether to offer or grant an SIS, which is why having an experienced attorney negotiate on behalf of the defendant is critical.

What Happens During SIS Probation?

When a defendant receives SIS probation, they must comply with the general conditions applicable to all probationers, as well as any special conditions the court orders. These typically include:

Standard Probation Conditions

Missouri probation includes both general conditions that apply to all individuals on probation and special conditions tailored to specific cases.

General Conditions of Probation

Under 14 CSR 80-3.010, Missouri establishes standard conditions that apply to all individuals placed on probation. These general conditions include:

LAWS: The probationer must obey all federal and state laws, municipal and county ordinances, and report all arrests to the probation officer within 48 hours.

TRAVEL: The probationer must obtain advance permission from the probation officer before leaving the state or the area in which they are living.

RESIDENCY: The probationer must obtain advance permission from the probation officer before making any change in residency.

EMPLOYMENT: The probationer must maintain employment unless engaged in a specific program approved by the probation officer. Advance permission is required before quitting a job or program. If terminated from employment or a program, the probationer must notify the probation officer within 48 hours.

ASSOCIATION: The probationer must obtain advance permission from the probation officer before associating with any person convicted of a felony or misdemeanor, or with anyone currently under the supervision of the Board of Probation and Parole.

DRUGS: The probationer cannot possess or use any controlled substance except as prescribed by a licensed medical practitioner.

WEAPONS: The probationer cannot own, possess, purchase, receive, sell, or transport any firearms, ammunition, or explosive device, or any dangerous weapon if on probation for a felony charge or a misdemeanor involving firearms or explosives, or if it violates federal, state, or municipal laws or ordinances.

REPORTING/DIRECTIVES: The probationer must report as directed to the probation officer and abide by any directives given by the probation officer.

SUPERVISION STRATEGY: The probationer must enter and successfully complete any supervision strategy and abide by all rules and program requirements, as directed by the court, board, or supervising probation officer.

INTERVENTION FEE: The probationer must pay a monthly intervention fee in an amount set by the Missouri Department of Corrections pursuant to RSMo § 217.690.

Special Conditions of Probation

In addition to these general conditions, both the Board of Probation and Parole and the sentencing court have the authority to impose special conditions tailored to the specific circumstances of each case. Special conditions may include:

• Substance abuse treatment or counseling
• Mental health treatment
• Anger management classes
• Domestic violence intervention programs
• Sex offender treatment
• No-contact orders with specific individuals
• Geographic restrictions beyond general travel limitations
• Electronic monitoring
• Specific curfew requirements
• Community service hours
• Payment of restitution to victims
• Prohibition from certain locations (bars, schools, etc.)

The specific special conditions imposed depend on the nature of the offense, the defendant’s history, and recommendations from probation officers, prosecutors, and the court.

Note: General conditions for misdemeanor probation may vary by jurisdiction and court in Missouri, as individual courts have discretion in setting conditions for misdemeanor cases.

Length of Probation

SIS probation typically lasts two to five years, depending on the severity of the offense and the judge’s decision. The more serious the charge, the longer the probation period usually is.

What Happens If Someone Successfully Completes SIS Probation?

When a defendant completes all probation conditions without violations, the court closes their case without entering a conviction. At this point:

No Conviction on Their Record

The defendant can honestly answer “no” when asked if they’ve been convicted of a crime (with limited exceptions for certain licensing or government employment applications that specifically ask about charges regardless of disposition).

Eligibility for Expungement

After successfully completing SIS probation, a person may become eligible to have the charge expunged (removed) from their record, depending on the nature of the offense.

Under RSMo § 610.140, Missouri law allows expungement of certain crimes, but many offenses are specifically excluded from eligibility. Offenses ineligible for expungement include Class A felonies, dangerous felonies, crimes requiring sex offender registration, felony assaults, felony domestic assaults, and many other serious crimes listed in the statute.

Even if someone successfully completes SIS probation, they cannot expunge the charge if the underlying offense falls within the categories excluded under § 610.140. An experienced attorney can evaluate whether a specific offense qualifies for expungement after successful completion of SIS probation.

Restoration of Rights

Because no conviction was entered, under Missouri law, the defendant doesn’t lose rights that convictions can affect, such as the right to possess firearms or their driver’s license. Employers also tend to be more understanding of cases in which the defendant was not convicted. However, other jurisdictions, like other states and the federal government, may consider an SIS to be a conviction for their purposes.

What Happens If Someone Violates SIS Probation?

Violating probation conditions can result in serious consequences. If a probation officer reports violations, the court will hold a probation violation hearing.

Consequences of Violations

If the court finds a probationer violated probation, the judge can:

• Continue their probation with modified or additional conditions
• Extend their probation period
• Require them to serve jail time as a condition of continued probation
• Revoke their probation entirely

Revocation of SIS

If the court revokes someone’s SIS probation, the judge can:

• Enter a conviction on their record
• Impose any sentence that could have originally been imposed for the offense
• Send them to prison or jail

This is why complying with all probation conditions is absolutely essential. One Client Care Team can help defendants understand their conditions and ensure they’re meeting all requirements.

Why SIS Is So Valuable

A Suspended Imposition of Sentence offers tremendous advantages that can change the trajectory of a person’s life:

Employment Opportunities

Most employers conduct background checks. A criminal conviction can disqualify someone from jobs, particularly in education, healthcare, finance, and positions requiring professional licenses. With an SIS, a defendant has no conviction on their record, dramatically improving their employment prospects.

Professional Licenses

Many professions require licenses that can be denied or revoked based on criminal convictions. Doctors, nurses, attorneys, teachers, accountants, real estate agents, and many other professionals may benefit from avoiding convictions through SIS.

Future Criminal Cases

If someone is charged with a crime in the future, having no prior convictions on their record gives them a much better position for negotiating favorable outcomes. Prior convictions can lead to enhanced charges and harsher sentences.

How an Attorney Helps Defendants Obtain an SIS

Prosecutors and judges don’t automatically offer SIS. Defendants need an experienced criminal defense attorney to negotiate this favorable disposition.

Negotiating With Prosecutors

At Rose Legal Services, we handle a lot of cases in Missouri courts, so we’re very familiar with those prosecutors and judges. We know which prosecutors are receptive to SIS, what evidence and arguments persuade them, and how to present a case for maximum impact.

We negotiate with prosecutors by:

• Presenting mitigating circumstances about the defendant’s background and the offense
• Demonstrating their low risk to public safety
• Providing evidence of their ties to the community, employment, and family
• Showing their willingness to take responsibility and complete treatment or classes
• Obtaining character reference letters
• Presenting evidence that they’re already taking steps toward rehabilitation

Presenting the Case to the Judge

Even when prosecutors agree to recommend an SIS, the judge makes the final decision. We present compelling arguments to the court explaining why an SIS serves justice and the community’s interest in the case.

Ensuring Clients Understand the Terms

We make sure clients fully understand all probation conditions and what’s required to successfully complete SIS probation. Our Client Care Team remains available throughout their probation to answer questions and help them stay in compliance.

SIS: The Difference Between a Record and a Second Chance

If someone is facing criminal charges in Missouri, a Suspended Imposition of Sentence could allow them to resolve their case without a conviction on their record. But they must have experienced legal representation to negotiate this favorable outcome.

Don’t plead guilty without understanding all the options. Don’t accept a regular conviction when SIS might be available. Contact Rose Legal Services today to discuss whether a potential client qualifies for SIS and how we can help them obtain this life-changing disposition.

Your defense starts with a conversation.