Is there anything I can do to keep my school and employer from finding out about my theft?

Question

I'm a 24-year-old pharmacy student that got caught shoplifting less than $100 worth of merchandise from a store. I signed some store papers admitting to the crime, got a citation from the police dept., and will be mailed a future court date. I know what I did was wrong and for the sake of being concise, I'll just say that I am extremely remorseful and will NEVER do it again. But what I am most concerned about is school and work. Is there anything I can do to keep this off my record and invisible to my school and future employers? What should I do now? Please help.

Dennis Roberts · Answer

Askyour lawyer about a "civil compromise" where you get the store to agree to  take some money and the charges get dropped.

Jules N. Fiani · Answer

No.

Jacob P. Sartz · Answer

I'd recommend you retain a lawyer or request the court appoint you one at the public's expense.  In Michigan, the maximum penalties for a retail fraud, third, usually charged in  alleged theft cases for merchandise with a value under $200.00,  is 93 days in jail, probation up to two years,a fine of not more than $500.00 or 3 times the  value of the difference in price, property stolen, or money or property  obtained or attempted to be obtained, whichever is greater, or both  imprisonment and a fine. MCL 750.356d. Please note, however, that these  are the maximum possible penalties. If the property is worth more, a  person will be charged with a more severe offense punishable by even  more jail time time, costs, restitution, or other sanctions. Judges in  Michigan misdemeanor cases have a wide latitude with their sentences up to the maximum pursuant to the applicable statute. Policies and practices vary widely depending on the judge and county. An arraigning judge usually advises a defendant  of their maximum possible penalties pursuant to the law. In certain situations, there may be diversionary programs which could keep a plea and conviction off a person's record. However, these diversionary programs often have strict eligibility requirements.   Any potential misdemeanor charge is serious and I would recommend that you retain a lawyer.

Geoffrey MacLaren Yaryan · Answer

If you are convicted you  can have it expunged after you complete a probationary period.

Steven D. Dunnings · Answer

No and your employment contract might even require you to disclose any criminal convictions. Your failure to do so could be a basis for firing you.

Craig Elhart · Answer

Depending on how the court and prosecutor handles these matters, your could plead not guilty at the arraignment and at pre-trial attempt to have the matter handled on a deferred sentence.  You may wish to seek the assitance of an attorney in this matter.

Fariba Teimori · Answer

You need to make sure to negotiate with the Prosecutor to send you to a Pre-Trial (PTI) program and Dismiss your case after completion. It then, needs to be expunged off your record if you were arrested, which is not automatic or possible in every case. It is always a good idea to go to court with an attorney to make sure it is done correctly and completely to avoid future effects of it in your life.

Thomas Tomko · Answer

You should immediately hire an attorney to represent you.  There are several options to keep something like you describe off your record.  Whether or not it will be accepted by your judge/prosecutor, and which option is best for you is a matter of the facts in the case.  In Michigan, there is MCL 771.1, which would provide for a deferred sentencing.  Alternatively, a plea arrangement to a different offense is possible.  Also, you may be eligible for expungement.  This is to name a few of the options.

Jeff Yeh · Answer

You need to hire a lawyer to try and beat the case, or have the charge reduced to a non-theft offense. If you plead guilty to the charge, the whole world will find out and there is no hiding it.

Jared Altman · Answer

You might just be lucky and get offered an ACD. An ACD is where your case gets adjourned, usually for a year but sometimes less. If you don't get into trouble while the case remains open, then on the adjourned date the case is automatically dismissed. You usually get offered only one of these and very rarely a second.

Theodore W. Robinson · Answer

While different counties handle such things slightly differently, most offer an  ACOD or ACD on a first offender basis. That meansyour case will be adjourned  (postponed) for six months or a year,depending upon the Judge, and if you  haven't been arrested on anything new in that time, the case will be dismissed  and the file will be sealed and expunged, meaning you'll have nothing but an  arrest record and you'll be able to honestly answer you've never been convicted  of any crime.  Speak to a local criminal lawyer just to verify this is true in your county.

James Lochead · Answer

Get a disposition with "Deferred Entry of Judgment" and a "Civil Compromise".  The court can then hold some conditions over you for one or two years and if you complete the terms, the case will be dismissed with no conviction ever being entered. The Civil Compromise satisfies the court that the victim "has been made whole" and is satisfied.

Stephen Freeborn · Answer

I suggest that you contact and retain an attorney.  The most important thing is to try and prevent a conviction.  If you get convicted, then  if asked on an employment application if you have ever been convicted, you will have to say "yes".  Also, if you are still in school and getting any scholarship, grants, student loans or government grants or loans, you could be disqualified from all of these.   Being charged (and possibly convicted) of theft does not bode well with future employers, especially in your field, as an employed could be concerned about future theft of monies from work, or worse, theft of medications.  With the economy being what it is and so few jobs out there, a theft could be enough to disqualify you from future jobs. Hire an attorney who may be able to help you get some amicable resolution short of a conviction.

Philip Hache · Answer

If you fight the case, you may be able to enter into what is called a civil compromise with the store, get the charged dismissed, or reduced to an infraction.

Jared Austin · Answer

If it is your first offense, you may be eligible for a diversion program which would keep the matter off of your public record. Speak to a criminal attorney in your area about this and have him review the case file.

John Bussman · Answer

You may be eligible for some sort of diversion program (depending on the county where it happened) whereby you take some classes, pay some fines and stay out of trouble and the whole thing goes away that way.  Since the value of the merchandise was more than $50, some counties will not allow diversion, but there may be other options for you.  Ask your attorney about a "civil compromise".

John DeVito · Answer

Theft from a store of less than $100 is usually treated as a shoplifting charge in Massachusetts. Shoplifting is punishable by a fine for a first and second offense. To prevent your school or your employer from learning about this theft it will be necessary to prevent an application for a criminal complaint for shoplifting from issuing. You would be advised to retain an attorney for this purpose. The attorney will know the procedure that needs to be followed to prevent a criminal complaint from issuing. It is imperative that the attorney be contacted immediately as the attorney will probably want to contact the police department before any application for a criminal complaint is filed. The police can approach this matter in one of two ways: they can apply for criminal complaint and request the clerk's hearing or they can apply for criminal complaint without a hearing. An attorney can assist you in receiving a hearing before a clerk magistrate. If the  matter is resolved before the clerk magistrate, neither your school nor your employerare likely to find out about the theft.

Gary Moore · Answer

No one knows about what happened in the store. It is what happens in court that counts. Do not go to court and plead guilty. Get a lawyer to help you deal with the charge so that you do not end up with a theft conviction.

Joseph Dane · Answer

You've got issues. No, unless you are found to be factually innocent and the judge orders your records sealed and destroyed, this will always exist at some level on your background.  Whether it has to be disclosed depends on the reason you're asked about your record.  With your professional license on the line, you have got to do anything in your power to avoid a conviction if at all possible.  I'd strongly suggest sitting down with a local criminal defense attorney or two to discuss the situation. Make sure in your conversation you discuss licensing and the impact this case may have on it. You may want to also consult with an attorney that handles administrative/licensing issues to best prepare yourself for filling out your application and moving forward.  This is crucial, as an incorrect answer and a failure to disclose something that is required to be disclosed can have a far worse effect than just disclosing in the first place.

Mark Broughton · Answer

If this is your first offense there is a good chance that you will be offered what is called in most jurisdiction petty-theft diversion. In this procedure, you usually attend some classes, participate in some community service for a period of time - say 6 months or a year - and if you successfully complete it, the charges are dismissed without a conviction. There are other forms of this type of procedure. What you don't want is to plead to the charge first, to have it dismissed after judgment or conviction. That will result in a record of conviction whether or not it is dismissed later even though the practical result is the same. There is also a difference in terms of how you would answer the question: Have you ever been convicted of a crime (usually felony, but sometimes misdemeanor) on employment applications and the like.  Regardless, the fact that you were charged/cited will be on your record. There is no way I know  to have this removed, so to speak.  We no longer have a true expungement in California.  But, not everyone is privy to arrest records - only convictions.

Eric Sterkenburg · Answer

First the theft is not on your record until you are judged guilty of the charges. With your fact as stated, this should be filed as a misdemeanor. As a misdemeanor you could bargain for a deferred entry of judgment. If you get this you will be allowed to withdraw your plea and enter a not guilty plea and the case will be dismissed. You can only withdraw your plea after you have completed your probation requirements. If you cannot get a deferred entry of judgment then you can have the misdemeanor expunged. Either way it will not show on your record.

Mark R. Thiessen · Answer

Once you get arrested, the charge and disposition of the case will always be public record unless you get the case dismissed and expunge it.  Or satisfy deferred adjudication and seal it.  But best advice is hire an attorney to get rid of it asap and then file for an expunction or petition for non-disclosure.  Otherwise, there is nothing you can do to prevent others from seeing it.

Justin Summary · Answer

You need to hire an attorney to try and get the charge amended to something else or to get you the type of probation that does not appear as a conviction on your record.  Keep in mind that you do not just want to appear on your court date and pay a fine, as a fine is considered a conviction.

James Edward Smith · Answer

The best thing to do is work out a dismissal and then petition to seal the citation.  Usually you can get a dismissal by going into a diversion program by attending petty larceny school and paying a fine and/or community service.

Leonard Harden · Answer

Get a lawyer, the fact that you are in school may be enough to persuade police to place on file and have no conviction appear.  Do not discuss with school or employer until case is over.  The fact that you wrote an admission may be ok with turning things in your favor.

David Ayer · Answer

You should consult with a criminal defense attorney. Given the nature of the crime and assuming you have no record of other offenses, it is likely that you can be sentenced to some form of probation. In Massachusetts there are two forms of probation which would be appropriate for your situation: pre-trial probation, which will not show up on your record at all if successfully completed, and a continuance without a finding (CWOF), which will appear only as an event having taken place, but with no details. As well, your offense should be a misdemeanor. Employers and schools generally look for more serious crimes classified as misdemeanors. Retain counsel for your court date and all should work out in the end.

Jason Savela · Answer

You need to speak with DA to try to get a deferred prosecution - offer to do extra community service or pay a charitable contribution.

Michael Garber · Answer

You need to make a deal with the prosecutor to keep from being prosecuted.

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Is there anything I can do to keep my school and employer from finding out about my theft?

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