If you are asking about getting it removed from your criminal history record - To request the expungement of an offense from your STATE (not Federal) criminal record: You must have either been exonerated, acquited, or served the complete term of your sentence - then file a petition/motion with the court setting forth valid reason(s) why your request should be granted. A judge will review your petition and the circumstances of your case and issue a ruling either granting or denying the request. AN EXPUNGEMENT IS NOT A PARDON! Expungement only removes the record of your offense from being available to the public. Law enforcement, the courts, and government agencies will always have access to your actual 'true' record.
Probably, because the record of your arrest will exist, accompanied by the disposition of your suspended imposition.
No
It can, depending on the charge that has a suspended imposition.
A suspended imposition IS a sentence. It means you were found guilty of whatever it is you were charged with but the judge suspended imposition of the penalty. It is now part of your criminal history and doesn't "go away."
The judge will tell you.
Yes, a suspended imposition of sentence may show up on a background check depending on the thoroughness of the search and the laws governing what information can be accessed. It is advisable to be honest about any legal history if asked directly.
A suspended execution of sentence is when the judge actually renders a sentence to the defendant, but passes the execution of the sentence on defendant unless they commit another offense. The court will then have the right to impose the original sentence upon the defendant. A suspended imposition of sentence is when the judge does not enter a sentence on defendant and has the right to execute a sentence upon the defendant should they commit another offense.
If they are doing a background check on you, yes they can.
Suspended imposition of sentence in South Dakota and other regions gives an offender one last chance before being institutionalized. It is a final probation of sorts. Any violation will cause for the original sentence to be imposed without trial.
How was the sentence imposed? (i.e.- a 2 year sentence - serve 60 days with the remainder suspended? -OR- the ENTIRE 2 years sentence suspended?) It all depends upon the wording of the judge's decision.
A 'suspended sentence' is exactly what the phrase implies. You were found guilty of 'something,' but the judge 'suspended' the imposition of any sentence. End of story. You walk away, although, with a conviction on your record..
Yes it still shows up, just not as a guilty charge but as a suspended imposition.