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Jill Christine Schaefer

Jill Schaefer’s Answers

137 total

  • How do sealed records from SIS (Suspended imposition of Sentence) show up on a fingerprint search?

    I have conpleted my SIS (Suspensed imposition of Sentence) and so far It has not shown up on a background check, however certain licensing agencies require fingerprints and I would like to know if the case details show up or just the arrest or both?

    Jill’s Answer

    Congrats on completing your probation! If your case involved a state charge, the entry for your case should disappear from The facts and circumstances of your case shouldn't be readily available. Your arrest is another matter. Depending on the type of search, your "arrest" would likely still show up. Expunging an arrest is not easy. Following is the Missouri statute that governs that topic: Arrest record expunged, requirements.

    610.122. 1. Notwithstanding other provisions of law to the contrary, any record of arrest recorded pursuant to section 43.503 may be expunged if:

    (1) The court determines that the arrest was based on false information and the following conditions exist:

    (a) There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;

    (b) No charges will be pursued as a result of the arrest; and

    (c) The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; or

    (2) The court determines the person was arrested for, or was subsequently charged with, a misdemeanor offense of chapter 303 or any moving violation as the term moving violation is defined under section 302.010, except for any intoxication-related traffic offense as intoxication-related traffic offense is defined under section 577.023 and:

    (a) Each such offense or violation related to the arrest was subsequently nolle prossed or dismissed, or the accused was found not guilty of each offense or violation; and

    (b) The person is not a commercial driver's license holder and was not operating a commercial motor vehicle at the time of the arrest.

    2. A record of arrest shall only be eligible for expungement under this section if:

    (1) The subject of the arrest has no prior or subsequent misdemeanor or felony convictions; and

    (2) No civil action is pending relating to the arrest or the records sought to be expunged.

    (L. 1993 H.B. 170 § 1 merged with H.B. 562 § 11, A.L. 1995 H.B. 135, A.L. 2014 H.B. 1665 & 1335)

    (2005) Statutory expungement of criminal records is civil in nature and is constitutional under legislative procedural requirements and provisions of ex post facto, equal protection, due process, and separation of powers. In re Dyer, 163 S.W.3d 915 (Mo.banc).

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  • Can a college campus public safety department revoke a dismissal on a parking ticket?

    Hey, sorry this sounds dumb, but I've had YEARS of issues with the public safety officers on my campus. I'm sick of them screwing with students like myself. I got a ticket back in March for parking my boyfriends car outside of my apartment buildin...

    Jill’s Answer

    This is an unusual situation indeed. I agree, I'm not sure this is really a criminal law question. Nevertheless, you might try going to the public safety department of your school with the email that they sent you months ago stating the matter had been dismissed. Ask to speak with someone. To save face, maybe they will actually dismiss it. The whole thing seems pretty petty on their part. It's worth a shot. Good luck.

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  • Auto Accident with no injury

    On 6/9/16, I came to a complete stop at a 4-way intersection of Shaw Ave. and Macklind Ave. (heading East). A metro city bus was stopped first, then a blue Chevy, and then me. The city bus driver allowed the blue Chevy to cross the intersection fi...

    Jill’s Answer

    You should try re-posting your question in the civil attorney's section. This isn't a criminal defense question. Best of luck!

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  • How can I address a Criminal Trespass II offense from overseas?

    I was on holiday in Oahu Hawaii from Australia, and was issued with a Criminal Trespass II section 708-814, with a court appearance date set. As I am no longer in Hawaii and cannot attend the court date, how can I handle this offense? The Kaneohe ...

    Jill’s Answer

    Speak with a local criminal defense attorney in the area in which the summons for "criminal trespass" was issued as soon as possible. In my neck of the woods, a judge would issue a bench warrant if no one showed up for this court appearance.

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  • Do they check criminal background at the hospital in Iowa?

    Someone I know is pregnant and ready to give birth. She has an active warrant. She is afraid that she would be taken to jail from the hospital as she doesn't know wether they check criminal history there. anyone knows?

    Jill’s Answer

    I've been a practicing criminal defense attorney in the St. Louis, Missouri area for 18 years. Checking a pregnant woman for warrants would be very odd, particularly in an emergency situation such as this. Law enforcement possess the ability to "run people for warrants" not medical professionals. With that said, your friend will want to consult with a criminal defense attorney in your area and take care of this warrant as soon as she can.

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  • Criminal sexual assualt

    My 17yrs old son was charged with criminal sexual assualt this is is first offense. What would his sentencing be like. What would be the judge final determantion

    Jill’s Answer

    Your question presumes your son is guilty of this alleged assault. Consult an experienced criminal lawyer in your area as soon as possible. Your son may have a defense to this specific charge.

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  • Cease & desist?

    Can i send a cease & desist letter to a woman that wont leave my boyfriend alone? Or what can I do to get her to back off, before I get charged with assult

    Jill’s Answer

    I agree. For a problem like this, you really should have a heart to heart with your boyfriend.

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  • My son is charged with possession of small amount of heroin and marijuana, and a pistol. What is he looking at?

    He overdosed and we called an ambulance. The police came also and asked to go into his room and we let them. They found a small amount of pot and a small amount of heroine and a pistol. He is 19 and this is his first adult felony, but has been ...

    Jill’s Answer

    Sadly, my law firm gets a call from a frightened parent just like yourself on a near daily basis. Heroin addiction has become rampant in all areas of the greater St. Louis area. You are not alone. Getting your son placed in a treatment program is mandatory not just for his criminal liability but his overall health. Many law firms on this site possess years of experience helping clients find a program that works for their budget and their specific needs. I would encourage you to find an attorney and reach out as soon as possible.

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  • What is the best course of action?

    I received an sis with two years probation, community service and the mandatory. vip and satop classes following a refuse to blow and dwi charge. When I signed the deal it listed 40 hours for the refusal and for the dwi. My lawyer insisted repeate...

    Jill’s Answer

    Your problem is not uncommon. Of course consulting an experienced criminal defense attorney is always a good idea. Let's be honest, it's the answer to about 75% of the questions posted here. More specifically though...your DWI was/is a 'municipal" charge, not a "state" charge because your probation case is in municipal court--South Division to be exact. You may want to try to locate your original plea and sentencing paperwork. what does it say about community service? This is something your original lawyer would have and he's obligated to give you (even if he is getting out of private practice). If there is ambiguity on your written paperwork as to how many hours of community service was expected of you--you have a good argument that 40 hours total was the original deal. At a minimum, the judge should give you additional time to complete your community service if this issue isn't clearly laid out.

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  • Is it possible they have evidence?

    my employer is accusing me of stealing, I don't know what. the next day an investigator calls and say there is a wanted out for me. what should I do if I don't have the funds for a lawyer right now?

    Jill’s Answer

    I agree with the previously posted answers and I would add one piece of advice. Even if you can't afford an attorney presently, you may need one in the very near future. I would look for a local criminal defense attorney who offers free consultations. Take advantage of this and you could receive more detailed confidential guidance on what to do next.

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