Suspended Imposition Lawyer
Sioux Falls, South Dakota
South Dakota Suspended Imposition Attorney
Criminal Record Removal
A suspended imposition, commonly referred to as a “Suspended Imp” is a procedure that allows a person that has pled guilty to or has been convicted of a criminal offense to have that offense removed from his or her record. A suspended imposition of sentence may allow a defendant to avoid many of the negative consequences that follow a conviction such as: loss of employment, driver’s license revocation, loss of voting rights, loss of firearm possession rights, and requirements to carry expensive SR-22 auto insurance. Suspended impositions of sentence can be sought for a variety of criminal offenses, but a DUI suspended imposition of sentence is the most common.
Whether a defendant is granted a suspended imposition of sentence is wholly within the discretion of the sentencing Court. Ryan Duffy Law advises clients on mitigation actions that can increase your chances of being granted a suspended imposition of sentence; these actions include but are not limited to completion of alcohol and/or drug treatment, obtaining character letters, gathering restitution, and preparing a personal statement for the Court.
Free Case Review
Call Now: (605) 271-1819
Suspended Imposition Limitations
The granting of a suspended imposition of sentence has the powerful effect of essentially returning the defendant to the position they were in prior to the offense. Suspended impositions of sentence have limitations that are important to be aware of when determining if it is a remedy that will benefit you. For instance, a suspended imposition of sentence is not the same as an outright dismissal. When a person is granted a suspended imposition, the Court accepts the person’s guilty plea and if the Court believes it is in the interests of justice, the Court will then grant the suspended imp and eventually sign an order to seal the case. Because the Court accepted a guilty plea, that guilty plea can later be used by the State or government to enhance or increase the penalty for a subsequent offense. Additionally, many governmental agencies and licensing boards will still be able view records that have been sealed as a result of suspended imposition of sentence; whereas private companies or individuals should not be able to view any sealed records relating to your case.
Misdemeanor and Felony Suspended Imposition
A person may receive two suspended impositions of sentence in a lifetime: one on a misdemeanor level offense and one on a felony level offense. When the Court grants a person a suspended imposition of sentence, they are usually placed on probation (for felony level offenses) or sentence conditions (for misdemeanor level offenses) that must be completed successfully before the record of the guilty plea is sealed and removed from their record. If that person violates the probation or sentence conditions, the State can file a motion to revoke the suspended imposition of sentence with the Court. If the Court grants the motion to revoke, the person would then be sentenced for the original offense and the conviction would then remain on their record permanently. (See SDCL 23A-27-12.2 & 23A-27-13).
There are many reasons to seek, as well as not to seek, a suspended imposition of sentence. For further information, please contact our office for a free case review.
