FREQUENTLY ASKED QUESTIONS ABOUT PROBATION AND EXPUNGEMENTS
Expungements
Are you a first time offender looking to wipe your slate clean with an expungement? Well if you were charged with a crime in Missouri and pled guilty you might be out of luck. The requirements for an expungement according to the Missouri Revised Statutes (2009) section 610.122 are that an expungement of your record may be sought if the court determines that the arrest was based on false information AND the following conditions exist:
(1) There is no probable cause, at the time of the action for expungement, to believe the individual committed the offense;
(2) No charges will be pursued as a result of the arrest;
(3) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
(4) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
(5) No civil action is pending relating to the arrest or the records sought to be expunged.
There is an exception to this rule for first time DWI offenders who have not had another alcohol related offense in 10 years and were not driving a commercial vehicle. The strictness of the expungement statute is another important reason to hire an attorney ANYTIME you're charged with a crime.
So, if you are considering filing an application for expungement in St. Louis or any other county in Missouri contact attorney Justin Summary today for a price quote for a expungement of arrest records.
Probation not that big of a deal? Think again...
There are two ways to be placed on probation in Missouri, a SIS and an SES. A suspended Imposition of Sentence or SIS, is when a plea of guilty is entered and the judge accepts that plea but does not give a sentence and places you on probation for specified a period of time. The SIS is typically given to first time offenders and the advantage of the SIS is that if the probation is successfully completed there is supposed to be no record of your conviction. The disadvantage is that if there is a probation violation committed, the judge can sentence you to the maximum allowable punishment for the crime in which the guilty plea was entered.
A suspended execution of sentence or SES is when a plea of guilty is entered and the judge gives a sentence (say 15 days in the county jail) but does not "execute" that sentence (meaning you don't have to serve the 15 days unless you commit a probation violation) and instead places you on probation for a specific period of time. The disadvantage of the SES is that unlike the SIS, it is considered a conviction and will remain on your record. The advantage of the SES is that you already know what your sentence is (15 days in the county jail) if a probation violation is committed and you face a probation revocation (unlike the SIS where the judge can give you anything up to the maximum punishment).
The problem is that too many first time offenders plead guilty when they are offered a fine or probation thinking that it's not a big deal, that they will pay their fine or complete their probation successfully and that it will not show up on their record later. BE AWARE that a fine is a conviction and probation may be a conviction depending upon whether it is SIS probation or SES probation. Again, this underlines the importance of hiring an experienced criminal defense lawyer ANYTIME you're charged with a crime.
If you are seeking a lawyer for probation questions or you are facing a probation violation in St. Louis or any other county in Missouri, Attorney Justin Summary can help. Talk to an attorney experienced in criminal defense before you decide to plead guilty to any charge. It could be the difference between permanently clearing your name and having a criminal record following you for the rest of your life. Contact attorney Justin Summary today!