Most of the time when I negotiate a plea deal with a prosecutor I aim to get a “SIS” (Suspended Imposition of Sentence) type of probation. Under state law, a defendant who completes the terms of a SIS probation can legally say they were never convicted of the crime. But, that doesn’t apply with federal law…
In John Doe v. Keathley, No. 72121 (Mo. App. W.D. 2011), Mr. Doe filed a petition for declaratory relief challenging the applicability of federal law to his SIS probation. Essentially, Mr. Doe wanted the trial court to say that SORNA (the federal Sex Offender Registration and Notification Act) did not apply because under state law Mr. Doe was never “convicted” of a crime. The trial court actually agreed, but the Appellate Court reversed that decision stating that under federal law, a guilty plea standing alone constitutes a “conviction”.