Facing criminal charges in Missouri can feel overwhelming, especially when trying to understand complex legal terms like SIS and SES. These two suspended sentence options could dramatically impact your future, affecting everything from job opportunities to your permanent criminal record.
The difference between Suspended Imposition of Sentence (SIS) and Suspended Execution of Sentence (SES) isn’t just legal jargon; it’s the difference between potentially having no conviction on your record versus having a permanent criminal conviction that follows you for life.
However, navigating these options is far more complex than it may initially appear. The availability of SIS is limited, and the practical implications depend heavily on specific circumstances that only an experienced attorney can fully evaluate.
If you’re facing criminal charges in Missouri, don’t navigate this alone. Contact the experienced criminal defense attorneys at Eng & Woods today for a consultation to discuss your options and protect your future.
If you’re facing criminal charges in Missouri, don’t navigate this alone.
Contact the experienced criminal defense attorneys at Eng & Woods today for a consultation to discuss your options and protect your future.
What Is A Suspended Imposition of Sentence (SIS)?
A Suspended Imposition of Sentence represents one of the most favorable alternative sentencing options in Missouri, though obtaining SIS is quite difficult and frequently not available. When you receive a SIS, the court accepts your guilty plea but doesn’t immediately impose a sentence. Instead, you’re placed on probation for a specific period, typically one to two years for misdemeanor charges and five years for felony charges.
Here’s what makes a SIS valuable: 1) You never have a criminal conviction, 2) at the end of the probation, the record becomes closed to the public.
Potential Benefits of SIS:
- No permanent criminal conviction
- Cleaner background checks after successful completion (in many circumstances)
- Better employment and housing opportunities in certain situations
- Preserved professional licensing eligibility in many cases
Important Reality Check: While successful SIS completion means no conviction appears on your record, how you can answer questions on applications depends entirely on how those questions are specifically worded. Some applications ask about “convictions,” while others ask about “arrests,” “findings of guilt,” “pleas of guilt,” “charges,” or “criminal history.” An experienced attorney can help you understand these critical distinctions.
During your SIS probation period, you must follow conditions as determined by the Court.
What Is Suspended Execution of Sentence (SES)?
Suspended Execution of Sentence takes a different approach that has immediate consequences for your criminal record. With SES, you plead guilty and receive an immediate conviction under Missouri law, which typically shows up on background checks.
The court imposes a sentence (like jail time) but then suspends its execution, placing you on probation instead. Rather than enforce the jail sentence right away, the court puts your jail time on hold and allows you to serve probation.
SES Realities:
- You receive an immediate criminal conviction
- The conviction appears on most background checks immediately
- You must disclose the conviction on applications that ask about convictions
- Employment and housing options may be limited
- Professional licensing may be affected
The probation conditions for SES mirror those of SIS, but the stakes are different. You already have a conviction on your record, and violating probation means you’ll likely serve the original jail sentence.
The Critical Differences Between SIS and SES
Criminal Record Impact
The most important difference lies in how each option affects your permanent record. SIS offers no criminal conviction. SES results in an immediate conviction that stays on your record regardless of successful probation completion.
However, even with successful SIS completion, the complexity of background checks and application questions requires careful legal guidance to understand what you can and cannot truthfully state in various situations.
Employment Consequences
Background checks reveal different results depending on your sentence type and the scope of the check being conducted. Some checks look only for convictions, while others include arrests and charges. The specific wording of employment applications and the type of background check being performed can significantly impact how you must respond to questions about your criminal history.
Professional Licensing Effects
Many professional licenses require disclosure of criminal convictions only, while some require disclosure of arrests or charges regardless of outcome. Healthcare workers, attorneys, teachers and financial professionals often face licensing restrictions with any criminal history. The specific requirements vary by profession and licensing board, making legal counsel essential for understanding the implications.
Why SIS Is Difficult to Obtain
Contrary to what many people assume, obtaining an SIS is quite challenging and frequently not an option. Several factors make SIS difficult to secure:
Factors That Limit SIS Availability:
- Severity of the charges (many serious offenses are statutorily ineligible)
- Your criminal history (prior convictions often disqualify SIS)
- Prosecutor’s policies and stance on your specific case
- Local court practices and judicial preferences
- Specific statutory limitations for certain offense types
This is why experienced legal representation is crucial. An attorney familiar with local courts, prosecutors and judges can evaluate whether SIS is realistically possible in your case and develop the strongest strategy for pursuing it.
Strategic Legal Considerations
Defense attorneys typically prioritize negotiating for SIS when possible due to potentially superior long-term outcomes. However, the reality is that many cases don’t qualify for SIS consideration, and even when they do, success is far from guaranteed.
When SIS Might Be Possible:
- First-time offender status
- Relatively minor charges that aren’t statutorily excluded
- Strong community ties and character references
- Prosecutor willing to consider alternative sentencing
- Judge with history of granting SIS in similar cases
When SES Might Be Your Best Alternative:
- SIS isn’t legally available for your charges
- Your criminal history disqualifies you from SIS consideration
- The prosecutor firmly opposes SIS
- Trial risks outweigh potential benefits of fighting charges
- You need immediate resolution due to personal circumstances
The Complexity of Application Questions and Background Checks
One of the most misunderstood aspects of SIS involves how to answer questions on various applications after successful completion. The answer depends entirely on:
- Specific wording of the question (convictions vs. arrests vs. charges vs. criminal history)
- Type of background check being conducted (conviction-only vs. comprehensive criminal history)
- Legal requirements in specific industries or situations
- Timing and jurisdiction-specific record sealing or expungement options
An experienced criminal defense attorney can provide guidance on these nuanced issues and help you understand your obligations in different contexts.
Long-Term Implications and Planning
Housing Applications
Landlords conduct various types of criminal background checks, and their policies on criminal history vary widely. The type of check performed and how rental applications are worded will determine how your criminal history affects housing opportunities.
Educational and Professional Opportunities
College applications, financial aid forms and professional licensing applications each have different requirements for disclosure. Some look only at convictions, while others require disclosure of any criminal history regardless of outcome.
Why You Need Experienced Legal Counsel
The choice between SIS and SES, and understanding their practical implications, requires experienced legal analysis that goes far beyond general information. An attorney can:
- Evaluate whether SIS is realistically possible given your charges and circumstances.
- Negotiate with prosecutors using knowledge of local practices and relationships.
- Guide you through probation requirements to maximize success.
- Advise on long-term implications for your specific career and life goals.
- Help you understand how to truthfully and legally respond to various application questions.
Your lawyer can also help you understand local court practices, as some judges or jurisdictions may be more likely to offer SIS for certain offense types. This local knowledge proves invaluable in developing your defense strategy.
Don’t Navigate These Complex Decisions Alone
Criminal charges and sentencing options involve intricate legal and practical considerations that require professional expertise. The decisions you make now will impact you for years to come, and the availability and implications of SIS and SES are far more complex than they initially appear.
The experienced criminal defense team at Eng & Woods has helped countless Missouri residents navigate these complex decisions. We understand the local courts, prosecutors and judges. More importantly, we can provide realistic assessments of your options and fight for the most favorable outcome possible given your specific circumstances.
Ready to Protect Your Future? Contact Eng & Woods Today
Don’t leave your future to chance or rely on general information when making critical legal decisions. If you’re facing criminal charges in Missouri, contact Eng & Woods immediately. Our experienced criminal defense attorneys will:
- Conduct a thorough evaluation of your case and realistic sentencing options.
- Explain the complex implications of different plea options for your specific situation.
- Develop a strategic approach based on local court knowledge and prosecutor relationships.
- Guide you through every step of the process to maximize your chances of success.
Contact us today to schedule your consultation and take the first step toward protecting your rights and your future. Time is critical in criminal cases, and early legal intervention by experienced attorneys can make all the difference in achieving the most favorable result possible.