Once an alternative sentence probation is completed, willan arrest appear on background checks conducted by employer or thrid-party company?

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Once an alternative sentence probation is completed, willan arrest appear on background checks conducted by employer or thrid-party company?

Completed an SIS (Suspended Imposition of Sentence) in MO (Burglary 1st reduced to Trespassing 2nd, 1 year SIS probation). When potential employers conduct criminal background checks through third party companies, will the original arrest show up?

Asked on January 7, 2011 under Employment Labor Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

My research suggests that while a conviction will not appear on your record, the fact that you were arrested will. My understanding is that the applicable law was amended in 2001 to allow the public to access the “final disposition” of an SIS case. This means that anyone can run a record check and find out whether the person they are checking on has pled guilty, what offense they pled guilty to, and the fact that they were placed on probation. Many lawyers and some judges, however, are still unaware of this change; they continue to tell defendants who receive a suspended imposition of sentence (SIS) that it will not show up on their record. It will. 

At this point, you should confirm all of this with a criminal law attorney in your area.


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