Criminal Law FAQ

Usually, when a client is offered a plea deal that involves probation, I hear the same question: What is an SIS? Simply put, an SIS boils down to probation without a conviction. SIS stands for Suspended Imposition of Sentence. By accepting the Prosecutor's plea deal, you must enter a plea of guilty on the record. This means you are waiving your right to a trial and admitting your guilt. In exchange, the Prosecutor will recommend to the Judge that rather than impose a sentence on you, the Judge should suspend the imposition and place you on probation for a period of months or years and usually subject to specific terms and conditions.

How long the term of your probation is will depend on the offense with which you have been charged. Important to note is that you will only be able to avoid a conviction on your record if you successfully complete your term of probation. Any violations could result in the Judge imposing a sentence and sending you to jail or ordering you to pay a fine, or a combination of the two. Alternatively, the Judge could extend the term of your probation, add conditions to your probation, or convert it into an SES.

Just as common a question whenever probation is offered by the Prosecutor, is: What is an SES? It is probation with a conviction. It stands for Suspended Execution of Sentence. This means that the Judge has already imposed a sentence, perhaps it is a fine, a term of confinement in jail or prison, or a combination of a fine and imprisonment. The range of punishment available is dependent on the specifics of your case. The term of your probation is likewise dependent on your case and its specifics.

Unlike an SIS, with an SES you have already been sentenced so if you violate your probation, other than extending the term of your probation the judge can order an execution of the sentence. The Judge cannot convert your SES to a higher form of probation, as there is none. Remember, you have already been convicted so if you violate your probation, you'll likely have to go to jail.

Yes. Under Missouri's current expungement law, you may be eligible to have your old DWI conviction expunged. Missouri has two statutes that govern expungements of criminal cases: RSMo.: Sec. 610.130 and Sec. 610.140.

DWI expungements are governed by RSMo.: Sec. 610.130. So long as you meet the following criteria, then you are eligible to have your DWI expunged:

DWI Expungement Prerequisites

1. At least 10 years must have passed since your conviction or plea of guilty to an alcohol-related driving offense;

2. The conviction or plea of guilty must have been for a First alcohol-related traffic offense;

3. The conviction or plea of guilty must have been for a Misdemeanor, or county or city ordinance;

4. The alcohol-related traffic offense must not have involved a Commercial Motor Vehicle; and

5. The Individual must not have any convictions, pleas of guilty, or any pending actions for any intoxicated-related traffic offenses since their first DWI.

Currently under Missouri law, you cannot have a conviction or arrest for a felony DWI expunged.

Depending on your circumstances, yes you can have your Misdemeanor or Felony conviction expunged. Under Missouri law, you may be eligible to have your old convictions expunged. RSMO.: Sec. 610.140 governs expungements for non-DWI Felonies and Misdemeanors. So long as you meet the following criteria, then you can have your Felony or Misdemeanor conviction expunged:

Felony Expungement Prerequisites

1. The conviction is not for an offense deem ineligible under RSMo. 610.140.2;

2. At the time of filing your petition, if has been 3 years from the date you completed any disposition for your felony offense;

3. You have not been found guilty of any other misdemeanor or felony during the 3-year period since completing the disposition for your felony offense;

4. You have no pending charges;

5. You have had no prior felonies expunged;

6. Your habits and conduct demonstrate that you are not a threat to the public safety of the state; and

7. Expunging your felony record is consistent with the public welfare and the interests of justice warrant it.

If you cannot provide evidence showing the Court that each of the prerequisites is satisfied, then you will not be able to have your felony conviction expunged.

Misdemeanor Expungement Prerequisites

1. The conviction is not for an offense deem ineligible under RSMo. 610.140.2;

2. At the time of filing your petition, if has been 1 year from the date you completed any disposition for your misdemeanor offense (or municipal offense, or infraction);

3. You have not been found guilty of any other misdemeanor or felony during the 1-year period since completing the disposition for your misdemeanor offense;

4. You have no pending charges;

5. You have had no more than one prior misdemeanor expunged;

6. Your habits and conduct demonstrate that you are not a threat to the public safety of the state; and

7. Expunging your misdemeanor record is consistent with the public welfare and the interests of justice warrant it.

If you cannot provide evidence showing the Court that each of the prerequisites is satisfied, then you will not be able to have your misdemeanor conviction expunged.

Probable Cause is a legal term of art which means that there is enough evidence to believe that the Defendant committed the crime which the State is alleging she committed in its Complaint.

"Probable cause...simply means a knowledge of facts and circumstances sufficient for a prudent person to believe the suspect is committing or has committed [an] offense." State v. Carrawell, 481 SW 3d 833 (Mo. banc 2016) (citing State v. Heitman, 589 S.W.2d 249, 253 (Mo. banc 1979)).

SATOP, or the Substance Awareness Traffic Offender Program, is a program overseen by the Division of Alcohol and Drug Abuse of the Missouri Department of Mental Health. The purpose of SATOP is to reduce the number of repeat DUI offenders and to provide offenders with a treatment option. There are four different levels of SATOP courses which increase in difficulty and expense.

SATOP is required in DUI cases in Missouri whenever a person receives an administrative license suspension or revocation from an alcohol-related traffic offense. Additionally, courts of criminal jurisdiction often order DUI defendants to complete SATOP as part of their sentence.

There are two costs you must pay for SATOP: an initial assessment fee and a separate fee for whatever level of program you are assigned. The fees for your SATOP assessment are determined by the Division of Alcohol and Drug Abuse.

The total due at your SATOP assessment is $375.00. The range of costs for the assigned levels ranges from as low as $200 for Level 1 up to $1522.50 for Level 4. All costs are subject to change, including the assessment fee.

The Division of Alcohol and Drug Abuse provides an UpToDate list of SATOP providers near you.