Bifurcated Trials in Missouri
Until 2003, juries in criminal trials would hear the evidence in the case and the arguments of counsel. The judge would read them instructions on the law, and they would go to the jury room and deliberate. If they found the defendant guilty, they would then decide what punishment to impose. The problem with that system was that the jury got very little information during the trial about the defendant and his or her background, or about the impact of the crime on the victim. The defense lawyers would not usually argue the issue of punishment, because they were focusing on convincing the jury that the defendant was not guilty. Juries were expected to recommend an appropriate punishment, but they were not given the information they needed to do the job.

Now, trials are divided into two phases: the guilt phase, and the penalty phase. If the jury finds the defendant guilty, the trial resumes with the same jury. The prosecution can present evidence about the bad things the defendant has done in his life, and the severe impact the crime has had on the victim. The defense can show the events in his life that caused him to behave in this way, and bring out all the positive things he has done. Then the jury will deliberate again and decide on a punishment. There may be some cases where the defense may want the judge to be the one sentencing the defendant. In those cases there is no punishment phase.

The Late Great SIS
For many years, Missouri judges had the power to grant a deserving defendant a type of probation that would allow all records of the case to be closed once the defendant successfully completed probation. It was actually a prosecutable criminal offense for any state employee to disclose any information from these closed records. That all changed in 2001. The legislature amended the law to allow the public to access the “final disposition” of the case. Now 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 are still unaware of this change, and they continue to tell defendants who receive a suspended imposition of sentence (SIS) that it will not show up on their record. It will.

Record Expungements in Missouri State Courts
I get at least one call a week from people who have a criminal conviction in their past. They have straightened out their lives, but every time they apply for a job, the prospective employer runs a record check. When the employer learns of the conviction, they don’t get the job. Some states will expunge the records of those who meet certain requirements. The bad news is that Missouri is not one of them. There is no expungement of criminal convictions available in Missouri, period.

However, Missouri does have a procedure for expunging the record of an arrest that did not result in a conviction. You must file a petition in the circuit court of the county where the arrest occurred within 3 years of the arrest. Then, at a hearing, you must prove that 1) the arrest was based on false information; 2) there is no probable cause to believe that you committed the offense; and 3) no charges will be pursued as a result of the arrest. If you can do that, the judge will order any mention of the arrest removed from the record.