Navigating a criminal charge in Missouri can be confusing and understanding “probation” is no different. Here we will address “SIS probation” and how it differs from “SES probation”, which is the first thing anyone considering probation should understand.
Missouri has two kinds of probation: “Suspended Imposition of Sentence” (SIS probation) and “Suspended Execution of Sentence” (SES probation). Both let you stay out of jail on probation and they can have identical requirements/conditions of probation, but the legal effects are very different.
We’ll break down what each means, when Missouri courts use them, and how they affect your record. These are often presented as a “better” and “worse” kind of probation, but that can be misleading. We will also address the most common misunderstanding we see in probation cases: how SIS probation actually affects your record.
What is SIS Probation?
A Suspended Imposition of Sentence (SIS probation) is usually presented like a legal second chance. That is not entirely incorrect, but it can also be very misleading. With SIS probation, the judge does not impose a fixed jail term or fine upfront. In legal terms, the judge does not “impose a sentence” because he or she does not determine what your sentence (jail and/or fine) will be if your probation is revoked.
“Suspending” the “imposition” of a “sentence” is where SIS probation gets its name. It has specific legal effects under Missouri law that will be discussed below. The most important legal effect to understand, however, is that the judge retains the ability to determine your sentence if your probation is revoked. Because the sentence is determine after the defendant has already failed probation, people on SIS probation often receive more larger sentences if their probation is ultimately revoked.
What is SES Probation?
A Suspended Execution of Sentence (SES probation) works differently. Here, the judge does impose a sentence at the time of the guilty plea (such as jail time and/or a fine) but then immediately suspends that “execution” in favor of probation. So, with SES probation, you know exactly what will happen if you have your probation revoked. You still serve probation, but unlike an SIS, the “sentence” is entered right away. This subtle difference has other important effects under Missouri law that will be discussed below.
In practical terms, with an SES your guilty plea triggers a formal sentence, but the judge delays enforcing it as long as you can successfully complete probation. Thus, the judge “suspends” the “execution” of the “sentence,” giving SES probation its name. Under most SES deals, the length of probation and the conditions of probation are the same as pleas agreements to SIS probation.
so why would someone want SIS probation?
So, if the length of probation is generally the same, the conditions are generally the same, and the main difference is that, with SIS probation, you are only sentenced after you mess up, why would anyone want to take that risk?
The answer has to do with what Missouri law considers a “conviction”. In Missouri, if you have received a formal “sentence,” even if it was never “executed” because you complete probation successfully, Missouri considers that a “conviction”. In Missouri, if you never receive a formal sentence (i.e. you successfully complete SIS probation), then that is only considered a “plea of guilt,” but not a “conviction.”
If that seems confusing, that’s because it doesn’t make a ton of sense. The important take away, however, is that SES probation always results in a “conviction”, while SIS probation, if you successfully complete it, is considered a “plea of guilt” but not a conviction.
a “conviction” vs. a “plea of guilt”
If the important benefit of SIS probation is that it is considered a “guilty plea” but not a “conviction” under Missouri law, why is a “plea of guilt” considered better for a defendant? The answer is often misunderstood and the advantage over-estimated. Most lawyers and even judges will explain it by asserting that a plea of guilt comes off the defendant’s “record” once probation is successfully completed.
While that description isn’t wrong exactly, it can be very misleading and confusing to people. If the defendant successfully completes SIS probation, then the charges and the plea of guilt become “closed records.” That means they are no longer available to, or accessible by, the general public. It is definitely advantageous, particularly where public court filings are easily accessible through Case.net, but closed record has limited or no effect in other situations.
For example, a “plea of guilt” will show up on an FBI background check. If you are applying for a professional license or seeking employment at a school or even a casino, it is likely that your “plea of guilt” will be discovered if you do not disclose it and it could prevent you form obtaining such employment. Law enforcement databases (like those officers use when they pull you over for a traffic stop) will also show your prior “guilty plea.”
If a Defendant pleas guilty to a felony and got SIS probation, they will not be able to pass an FBI background check to purchase a firearm through a gun store. Under Missouri law, however, they are legally allowed to possess a firearm after completing SIS probation.
Most notably, and often the most surprising to people who have had SIS probation, is that a plea of guilt DOES NOT come “off your record” for purpose of subsequent charges. Put another way, even after you finish SIS probation, it still counts as a “prior” if you are ever accused of a crime in the future. Having a “prior,” can lead to higher bond, more zealous prosecution, stiffer penalties, enhanced punishments, and other negative consequences if you are ever charged with a crime again.
When Are SIS and SES Used in Missouri?
There are few legal restrictions on when judges can or can’t grant probation. Although the decision comes down to the details of every case and the individual judge’s decision, some of the most common factors are:
- First Offenders vs. Repeat Offenders: Judges often grant SIS for first-time, nonviolent offenses because it avoids burdening you with a “conviction.” If you have a clean record, you have a better chance to get SIS probation. Repeat offenders are more likely to receive SES probation, if the receive probation at all.
- Offense Severity: Misdemeanors and Class E and D felonies are much more likely to result in SIS probation – particularly for a first time offender. Class C, B, and A felonies are much less common to receive SIS probation. Some serious offenses are not eligible for SIS probation and some are not eligible for any type of probation.
- Judge’s Discretion: Most often the most important factor is the judge hearing the case and specific case details. Judges can differ greatly in how the tend to handle probation sentencing.
Key Differences: SIS vs SES Probation
- Sentence Imposed: SIS = no sentence decided. SES = sentence is decided.
- Conviction on Record: SIS = no conviction if probation is completed. SES = conviction counts immediately, even if you finish probation.
- Probation Violation: SIS = judge can impose up to the max penalty for the offense. SES = judge enforces the already-imposed sentence.
- Typical Use: SIS is generally a more lenient deal often given to first-time or nonviolent offenders. SES may be used when the offense is more serious or repeat offenders.
- Defendant’s Criminal History: SIS = It won’t be available on Case.Net. SES = the plea can be found on CaseNet.
The major distinction is a “conviction” and whether or not it is public information. In felony cases, the lack of a “conviction” also means that you can still possess firearms.
Real-World Example:
- Person A gets an SIS (5 years probation, no sentence now). If they violate probation, they face up to 7 years in prison (the statutory max for that felony)
- Person B gets an SES (3-year sentence, suspended, plus 5 years probation). If they violate, they serve the 3-year sentence that was suspended
This example shows how SIS can leave you facing a larger potential sentence later.
SIS Probation vs. Expungement
It’s important to know that SIS probation is not the same as an expungement. They both help your record, but in different ways:
- SIS Probation: If you complete it, no “conviction” goes on your record. However, the case still exists in court files as a “closed” record. It’s not erased or physically removed – it’s just sealed. The charge can still be found by an FBI background check and qualifies as a “criminal record” for the purpose of it being used against you in a future criminal case.
- Expungement: This is a separate legal process where a court orders eligible records to be hidden or erased from public access. An expungement can apply to convictions or arrests (if certain conditions are met). If granted, the expunged charge does not show up on most background checks, and you can usually say you’ve never been convicted. Although some applications for government licenses or jobs may still ask if you have ever had a record expunged, an expunged record restores any rights you lost as a result of the case and it can no longer be used against you in future court cases.
How They Differ: With SIS, you avoid a conviction without needing to file anything (you just finish probation). With expungement, you start with a conviction (or SIS) and then ask the court to clear it out completely from your record. Importantly, expungement has limits: Missouri law lets you expunge only one felony and two misdemeanors in your lifetime, and only certain offenses qualify. Violent crimes, sex offenses, and some felony crimes cannot be expunged.
Eligibility and Effects of Expungement: In Missouri, expungement is generally reserved for nonviolent, relatively minor offenses (like low-level drug or theft offenses, and first-time DWIs after waiting periods). If your record qualifies, you petition the court (after a waiting period). An expunged record is hidden: for most purposes, you can deny it when asked about convictions and please of guilt. For example, job or housing applications don’t require disclosure of expunged offenses.
In contrast, an SIS means your record is not accessible to the general public (if completed successfully). But, to ensure minimal impact on your life and your record, an expungement is necessary.
Talking to a Lawyer
If all this sounds complicated, you’re not alone. Missouri’s probation options have big consequences for your future. Choosing a qualified attorney that you can understand and trust is the most important step in protecting your rights and your record.
Our team of Missouri criminal defense lawyers at James Law Group, LLC. in St. Peters can explain the pros and cons in your situation. We’ve helped many people understand SIS and SES deals and how they impact criminal records.
Every case is unique. If you’re facing charges or probation, don’t navigate it alone. Contact James Law Group, LLC. today for a free, friendly consultation about your SIS, SES, or expungement questions. We’ll help protect your rights and work to keep your record clean.