Complexity of Suspended Imposition of Sentencing
My question involves criminal law for the state of: Missouri
To make a long story short, I've been on probation for 2.5 years and my Probation Officer is going to petition the sentencing Court to terminate my probation early (otherwise known as an early release) due to having met all probation conditions and I believe as they put it, the ends of justice per RSMo 559.036. My question doesn't directly deal with this procedure or the probation itself.
When sentenced, as you'll probably undertake from my title of this article, I received a Suspended Imposition of Sentencing and all that such entails. Attempting to better understand the aftermath of this, I've read very conflicting stories. I was under the impression and advised that upon successful completion of the probation term, the case would become sealed. I also understand that regardless of a sealed case, that Law Enforcement and some Health related careers can still return information on these cases. The questions that I find myself trying to solve are:
- When the probation term has been successfully completed and the case becomes sealed, will this remove the case information in its entirety from CaseNet? I know that many institutions consider this site as source for background checks.
- At this point I'm not interested in a career change, however, the question presents itself that if/when I do decide to seek advancement in a different company and a background check in completed, will this appear? I've read that background checking companies store public record and are not bound by law to delete and/or remove it from their databases once it has been updated (in this case, removed).
- In regards to civil gun rights. Once this probation term is over and the case has been sealed, will my legal right to own a firearm automatically be reinstated? I understand that fairly new updates in the law will prevent anyone whom has plead guilty to a felony charge from obtaining a CCW, but I am under the impression that I will still be able to own a firearm.
- In direct relation to the above question. If my legal right is reinstated, does the castle law still apply to someone in such a situation? I have no direct desire to have a firearm outside of the home, but I would still like to understand my right.
I greatly appreciate the assistance of this forum.
Re: Complexity of Suspended Imposition of Sentencing
You need to aks your PO these questions. Sealing cases varies frim state to state. My state does not automatically seal a case. Even if i's eligible for sealing, you must wait a duration of time off probation before you motion your case. Then you motion the case back to court, and see if the judge is willing to grant that request. Some cases can't be sealed. You need to look those things up or check with the sentencing county's Clerk's office in order to determine what the procedre might be.
In my state, if a case is sealed, I can still see the offense. The specifics of the case are not visible. Again, depending on how your state seals cases, it may be an issue. You may still be labeled a felon, but people just can't see why.
For number three, see above. Sealing does not automatically make everything square. An expungement erases the charge and even gived the defendant is arrest report, mugshot and police related info back. Sealing does not necissarily to that. If you are still classified as a felon or if your case is domestic related, you may still be labeled ineligble for gun ownership.
For number 4, see number 3. Everything is moot if you are still classified legally as a felon. You need to direct these questions to your PO.