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SIS Resulting In Getting Turned Down For Jobs

by Nichole
(St. Louis, MO)

In 1998, I was placed on probation because I wrote a statement against my then husband about his stealing from his place of employment.

I was told that it was going to be an S.I.S. once I completed my 5 year probationary period. I served 4 of the 5 years, and the judge personally told me that I shouldn't have been on probation in the first place because I didn't actually commit any crimes and he released me from probation from that moment on. This took place in 2002.

Since then, I had been working in the Mortgage industry without any problems relating to my background. Now, all of a sudden, this charge is resurfacing and I don't understand how or why. If this is supposed to be a Suspended Inpostion of Sentence, doesn't that mean that it really doesn't exist?

And if that's the case, how can I make it truly go away because I need to work and this has prevented me from getting really good jobs?
I'm a good person, and I haven't committed any crimes since this whole thing started.
Can someone please let me know what my options are?

Thank You,
Nichole Wells

Firstly, an SIS does not become a closed record until the end of the successful completion of probation. Even then it does not simply go away.

It's true it is not
a conviction-but it does exist-it is a guilty plea to the charge, although the records of the case cannot be viewed on once the probation has ended so it would be difficult for most people to find out about. The important thing about an SIS is there is no conviction for the charge.

Second, What did the judge actually do?? Did he simply cancel the remainder of the probation but leave the plea as is. That is just an early termination of probation. If he felt the entire charge was bogas, the judge would have had the authority to set aside the entire plea-although this would be unusual and would have required the prosecutor's involvement as well.

What does resurfacing mean? Was it ever not visable. Is it being seen on a backgrouind check? Is there an arrest record? (if there even was an initial arrest). It sounds like she should consult with a local attorney familiar with the court/judge etc. and find out for sure what the judge did. They then may wish to explore formally filing a motion to set aside the guilty plea if it is the judge's opinion that she was not guilty of the original offense (but if he really felt that way it would be strange to have accepted the plea in the first place).
*Information Only and does not constitute an attorney-client relationship.

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