QUESTION
Can a large retail department store sometimes elect not to press charges for petty theft?
Asked on Oct 14th, 2012 on Criminal Law - Montana
More details to this question:
I was stopped outside of Macy's for shoplifting over 25 years ago. At the time, I was brought back into store and taken to LP office. The value of merchandise was $70. I was told to sign admission of guilt and a statement in my own handwriting and if I did, they would not press charges. I believe I was not charged, but cannot say for sure. I do not recall going to court or being fined. Someone there told me I was lucky because value was under $100. I complied as this was my first and only time to do this. Now I wish to apply for my CA Securities License for business purposes and am worried that since FBI does background check, this indiscretion could prevent me. How do I know for certain if a misdemeanor was filed or if they chose to not press charges? I was an adult at the time. Is it possible or likely they did not press any charges for me to be concerned about? How can I find out for certain?
11 ANSWERS
John J. Carney
You can go to the court and get a Certificate of Disposition or pay an online site to run a background check.
Answered on Nov 04th, 2012 at 2:10 AM
Criminal Defense Attorney serving McKinleyville, CA
at
Law Office M. C. Bruce
Update Your Profile
You should call the courthouse where this occurred and see if they have any record. Chances are, there is no record.
Answered on Oct 17th, 2012 at 12:38 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
Get your own criminal background check and you'll know exactly what is on there. It doesn't sound like there will be anything connected to this situation, but you never know. Go to the California Department of Justice website for instructions on how to obtain your own records check. It will take fingerprints and a small processing fee.
Answered on Oct 16th, 2012 at 8:46 PM
Dennis P. Mikko
If you were not arrested or otherwise told to appear in court, you most likely have not been charged. You would request a copy of your criminal record through ICHAT.
Answered on Oct 16th, 2012 at 8:02 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
Go to have a background check done by the whoever it is that FDLE has do them, a private company that you pay money to for a national and state criminal background check. My guess is that you were never charged criminally.
Answered on Oct 16th, 2012 at 7:57 PM
Pay an attorney to run a criminal background check, or go online and purchase a criminal background report. If you never went to court and there were no criminal charges, then you should be fine.
Answered on Oct 16th, 2012 at 7:49 PM
Thomas Edward Gates
If you have not been called to appear in court and there are no outstanding warrants, there is nothing to worry about.
Answered on Oct 16th, 2012 at 7:46 PM
Michael Paul Vollandt
Yes they can. But if you get charged then to to Macy and see if they will work out a civil compromise.
Answered on Oct 16th, 2012 at 7:37 PM
Michael J. Breczinski
Call the court where the Macy's is (or was). They should have a record of any conviction. If there is none then you are probably safe.
Answered on Oct 15th, 2012 at 6:59 PM
It is discretionary, but they almost always will. Don't fall for the civil demand. A lot of people mistakenly think if they pay the civil demand they're off the hook in criminal court. NOT TRUE. Hire a lawyer before you open your mouth to the wrong people and further incriminate yourself.
Answered on Oct 15th, 2012 at 6:59 PM
Litigation Attorney serving Kalispell, MT
at
Law Offices of Scott G. Hilderman PC
Update Your Profile
It is likely they did not. You would need to call the court of limited jurisdiction for the area where you were stopped for shop lifting, in Montana that will be justice court for the county and municipal or city court if you were stopped in a municipal area and see if there is /was a case against you.
Answered on Oct 15th, 2012 at 6:18 PM