QUESTION

What if I was arrested for shoplifting a $35 store card but the charges dropped? What happens then?

Asked on Nov 10th, 2019 on Expungements - California
More details to this question:
I worked for Macy’s in 2016 and was arrested for taking a $35 or so return money card but my charges were dropped. What happens with my record and would that make someone who would want to hire me not hire me anymore
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1 ANSWER

Wage and Hour Litigation Attorney serving San Diego, CA
Partner at Potter Handy LLP
1 Award
Under Labor Code section 432.7, an arrest which does not result in convictions cannot be considered for employment purposes. However, there are two big caveats to that rule. First, Macy's obviously can continue to refuse to employ you. Second, institutions insured by the FDIC (banks) may not employ anyone charged with theft or fraud, even if the charges were dropped. You may ask the FDIC for consideration under the de minimis rule, but that would be something you'd have to do on your own. 
Answered on Nov 12th, 2019 at 11:18 AM

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