How a Suspended Imposition of Sentence (SIS) Impacts Background Checks in Missouri

Understanding SIS vs. SES in Missouri

If you are facing criminal charges in Missouri, understanding the outcome of your case is critical for your future. The courts frequently use two types of probation sentences: Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES). The difference between the two is massive when it comes to your permanent criminal record.

With an SIS, the judge places you on probation without ever actually convicting you of the crime. According to Mo. Rev. Stat. § 610.105, if you successfully complete your SIS probation, the case is officially closed. Because there is no conviction, you can honestly answer 'no' if a standard private employer asks if you have ever been convicted of a crime. This standard was upheld in landmark cases like State v. Lynch, 679 S.W.2d 858 (MO Supreme Court 1984), which confirmed that an SIS does not carry the legal weight of a final conviction. Conversely, an SES means you are formally convicted, but the judge suspends your jail time. An SES remains a permanent, public conviction on your record. If you are unsure which sentence you received or need help navigating a background check, you can find experienced criminal defense attorneys in our USA Lawyers Directory to guide you.

How an SIS Impacts Specific Background Checks

While an SIS is a 'closed record' under Missouri law, 'closed' does not mean 'destroyed' or 'invisible.' Under Mo. Rev. Stat. § 610.120, closed records are still fully accessible to specific government entities. Here is how an SIS affects different micro-niches.

Professional Licensing Boards

If you are applying for a highly regulated license-such as nursing, teaching, law enforcement, or real estate-the state licensing boards have statutory authority to view closed records. For example, the Missouri State Board of Nursing, Jefferson City and the Missouri Department of Elementary and Secondary Education, Jefferson City will see your SIS when they run your fingerprints through the Missouri State Highway Patrol, Jefferson City. You must disclose the SIS to these boards if asked, as they evaluate your 'moral character' regardless of a formal conviction.

Federal Background Checks and Immigration

The federal government does not always recognize Missouri's SIS rules. The FBI's National Crime Information Center (NCIC) database will still show the arrest and the SIS probation. Furthermore, for immigration purposes (such as applying for a green card or citizenship), the United States Citizenship and Immigration Services (USCIS) considers an SIS to be a conviction because you admitted guilt or were found guilty prior to the suspension of the sentence. Non-citizens must be extremely careful when accepting an SIS.

Gun Purchases and Firearm Rights

Because an SIS is not a conviction under Missouri state law, completing an SIS for a standard felony generally restores your right to purchase and possess a firearm. When the dealer runs your background check through the National Instant Criminal Background Check System (NICS), an SIS should not trigger a denial. However, there is a major federal exception: if your SIS was for misdemeanor domestic violence, federal law under 18 U.S.C. § 922 will still prohibit you from owning a firearm, regardless of state record closure.

Private Employer Screenings

Standard private employers, landlords, and apartment complexes use third-party background check companies. Under Missouri's Sunshine Law, these private companies do not have the legal right to access closed SIS records on Missouri Case.net. If a standard employer runs a check after you complete your probation, the SIS should not appear. If it does, the background check company may be breaking the law.

What to Do if a Data Broker Unlawfully Discloses Your SIS

Sometimes, lazy data brokers scrape public court records when you are first arrested and fail to update their databases when your SIS becomes a closed record. If you are denied a job because a background check company unlawfully reported a closed SIS, you have rights under the federal 15 U.S.C. § 1681 (FCRA).

First, immediately request a copy of the background report from the employer. Next, file a formal dispute with the background check company in writing, demanding they remove the closed record. Finally, consult an attorney to file a lawsuit against the data broker for FCRA violations. They can be forced to pay you damages for your lost wages and reputational harm.

How Much Does it Cost to Fix Record Errors in Missouri?

While completing an SIS happens automatically, fixing errors caused by aggressive background check companies can require legal intervention.

• FCRA Dispute Letters: Having an attorney draft a formal dispute letter to a data broker typically costs between $250 and $500.
• Filing a Civil Lawsuit: If you must sue a background check company under the FCRA, most consumer protection attorneys work on a contingency basis, meaning you pay $0 upfront, and the attorney recovers their fees directly from the data broker if you win.
• Filing an Official Expungement: If you want to take it a step further, filing an expungement petition under Mo. Rev. Stat. § 610.140 seals the record from public view, though it does not physically destroy it (as certain entities like law enforcement and specific state licensing boards retain statutory access under subsections 8 and 9, whereas complete destruction is only available under Mo. Rev. Stat. § 610.122 for arrests without an offense). The previous $250 state surcharge was repealed, meaning you only pay the standard civil court filing fee (typically around $100 depending on the county, which can be waived if you are indigent), plus standard attorney fees ranging from $1,000 to $2,500.

How Long Does the Process Take?

Your record is technically open and public while you are actively serving your SIS probation. Probation typically lasts 1 to 5 years in Missouri. The exact day you successfully finish your probation and the judge discharges you, the court clerk automatically closes the record. If you have to dispute a false report with a background check agency, the FCRA gives them 30 days to investigate and correct the error.

Frequently Asked Questions (FAQ)