Will a criminal record be created on my name after shoplifting?
Asked on Feb 23rd, 2014 on Criminal Law - Missouri
More details to this question:
I have been caught for shoplifting and has asked to sign 3 forms. The shop people said that they will send these forms to their attorney and I will get a letter on my mailing address for same asking to pay some fine. Currently, I am holding B1 visa and going to file for H1. Will there be any issue in doing so? Please answer and let me know what I should do now.
Absolutely it will. Petty theft is a crime of moral turpitude, and if convicted you can kiss your VISA and career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.
In order to have a criminal record, you must be charged in court and found guilty (by your admission or jury/judge). The prosecutor could mail you a summons to go to an arraignment for Theft 3.
They may or may not decide to press charges depending on the policy of the store. Contact an immigration attorney to see if a pending misdemeanor charge what affect your status in any way.
As long as the store doesn't file criminal charges against you, and you are not ultimately convicted of shoplifting, nothing will show up on your criminal background report. They have up to 1 year after the date of the incident to call the police and file a police report against you for shoplifting. Paying the store's civil demand will not make any difference if they later decide to also file criminal charges against you.
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