Probation Will Show Up On A Criminal Background CheckPosted on
If you are on probation in Missouri, a criminal background check will show that you are on probation, and what you are on probation for.
The criminal background check will also state whether you are on probation with a Suspended Imposition of Sentence (SIS) or Suspended Execution of Sentence (SES).
What Is Probation With A Suspended Imposition Of Sentence (SIS)?
Probation with a Suspended Imposition of Sentence (SIS) is a plea bargain deal that allows the defendant to avoid a conviction if they successfully complete probation.
If you receive probation with an SIS, you must appear in court with your attorney to plead guilty. Then the judge suspends the imposition of your sentence and puts you on probation. If you successfully complete probation, you will end up with no conviction on your record.
To successfully complete probation, you must do the following:
- Don’t break any laws while on probation
- Complete all court-ordered requirements (such as community service, traffic school, the victim impact panel, anger management class, shoplifting class, etc.)
- Pay all court costs and fees associated with your case, such as probation supervision fees (if necessary) and registration fees for court-ordered classes
At the end of the probation period, the judge will review your case to see if you complied with the conditions of probation. Then the judge will close your case, and you will have no conviction on your record.
What Is Probation With A Suspended Execution Of Sentence (SES)?
Probation with a Suspended Execution of Sentence (SES) is the same as probation with a Suspended Imposition of Sentence (SIS), except you end up with a conviction when the case is closed.
The only benefit of an SES probation deal is that you avoid jail time.
How To Answer Criminal Background Questions On A Job Application If You Are On Probation
If you apply for a job or internship and must answer questions regarding your criminal history, read the questions carefully before responding.
If you were NOT arrested but you were charged with a crime, and your attorney negotiated a plea bargain deal for probation with a suspended imposition of sentence:
- If the question on the job application is, “Have you been charged with a crime?” – The answer is yes.
- If the question is, “Have you been convicted?” – The answer is no, because with a probation/SIS deal, you end up with no conviction if you successfully complete probation.
When you are on probation with a suspended imposition of sentence, your case is open and pending. So, if you are on probation, you can honestly say you have not been convicted because the case has not been resolved yet.
What Can Employers See When They Run A Criminal Background Check?
Employers that are considered “Entitled Entities” can run a background check and see everything that has ever happened to you: what crime you were charged with, whether you were arrested or are currently on probation, and what the outcome of the case was.
Entitled entities include schools, hospitals, daycare facilities, nursing homes, banks, insurance companies, police departments, etc. Those types of entities are entitled to see all of your open and closed records.
A standard criminal background check run by a regular employer (who is not an entitled entity) will only see the following:
- Records showing that you are currently on probation, and what you are on probation for
- Criminal convictions
- Active warrants
- Arrests that occurred less than 30 days ago
To learn more about Entitled Entities, and the difference between open and closed records, see my previous blog post, “What Shows Up On Your Criminal Background Check.”
How To Find Out More Details About What Will Show Up On Your Criminal Background Check
If you have more detailed questions about what prospective employers can see when they run a background check, read my previous blog post, “What Does a Criminal Background Check Reveal To Employers.”
Or contact Criminal Justice Information Services:
Missouri State Highway Patrol
Criminal Justice Information Services Division
Post Office Box 9500
Jefferson City, MO 65102-9500
Phone: (573) 526-6153
For a free consultation about your criminal or traffic ticket case in Missouri, contact St. Louis Attorney Andrea Storey Rogers at (314) 724-5059 or [email protected]
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