QUESTION
Will future employers see my shoplifiting charge if I pay back the fees?
Asked on Oct 04th, 2011 on Criminal Law - Oregon
More details to this question:
I was caught stealing from a store a few days ago. I was arrested and given a ticket. I also received a letter from the store's attorney demanding I pay $250. If I pay the $250 to the store and have my lawyer get a reduced charge on the ticket, will employers still see the arrest on a background check? I'm not sure if getting this ticket taken care of will be enough to put me in the clear!
26 ANSWERS
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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Yes they will.
Answered on Jun 03rd, 2013 at 1:47 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you plead or are convicted of anything then it's going to show up.
Answered on Oct 28th, 2011 at 1:21 PM
Jacob P. Sartz
Speaking generally, civil and criminal matters proceed in different directions even though there may be a factual over-lap. Any payments made during a civil resolution though, for the same facts, may ultimately be factored if someone is found guilty on a related criminal charge and a judge is calculating costs related to sentencing. A "victim" doesn't necessarily get an opportunity to bill for the same damage twice.
Answered on Oct 06th, 2011 at 1:47 PM
There are 2 aspects to your retail fraud charge. The first is the civil demand given you by the store. This is a civil demand that has nothing to do with the criminal charge. If you are convicted of a criminal charge, it will be part of your criminal record and could be viewed in a criminal background check.
Answered on Oct 06th, 2011 at 1:43 PM
It depends on what your lawyer can reduce the charge to (which depens on the value of the stolen item, whether this is a first offense, etc.), and on how deep a search a potential future employer will conduct. That said, it is likely that 90% of all searches will not include any reference to this charge.
Answered on Oct 06th, 2011 at 1:43 PM
If this is your first offense, it is possible to get pre-trial probation. Once successfully completed, it does not appear on your record. It is easier to get a continuance without a finding (CWOF). A CWOF is another form of probation in which you admit the Commonwealth has enough evidence to convict you, but you are not admitting guilt. Once successfully completed, it will appear on your record as an event, but there will be no details about the crime, the finding, or any punishment. If you are violate the CWOF you can be immediately sentenced to another punishment or be given another CWOF. Finally, there is the sentence of probation which will appear on your record. Your criminal defense attorney can guide you through the process and help you get the best outcome.
Answered on Oct 06th, 2011 at 11:13 AM
You are extremely mistaken. Paying the store back will do absolutely nothing for your criminal case in court. You're confusing the civil case and the criminal case. The criminal case will be prosecuted by the prosecutor, and only he/she can reduce or dismiss this charge. Don't get tricked by the store into thinking they can do anything for you. They can't. In fact, they will gather incriminating statements from you and turn it over to the prosecutor. You need to hire a lawyer before you do something you will regret.
Answered on Oct 06th, 2011 at 11:11 AM
Criminal Defense Attorney serving Seattle, WA
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Mercado & Hartung, PLLC
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You will have an arrest record as a result of the arrest itself. Generally arrest information is not public information and your employer most likely will not be able to find a record of just the arrest. A conviction, however, will be accessible by your employer, so it depends on how your case is resolved. You will eventually, be eligible to have the conviction expunged if you are in fact convicted, but you will have to wait for several years to be eligible.
Answered on Oct 06th, 2011 at 11:09 AM
Do not, do not DO NOT pay the store $250. They are not legally entitled to that amount and they are stealing from you if you pay it. Hire an attorney to deal with the case. The store is only entitled to restitution (the amount of the item that you stole) and this will be taken care of through the criminal case. Yes it will be on your record if you are convicted. You can get the charge expunged once probation is over.
Answered on Oct 06th, 2011 at 11:09 AM
Personal Injury Attorney serving Las Vegas, NV
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Boley & Aldabbagh Ltd.
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I would advise not paying anything to the store until your criminal matter is resolved. It sounds like you were cited for larceny, which is a misdemeanor. You should hire an attorney to represent you on that charge. Depending on your criminal history, your charge could probably be negotiated into a dismissal. You will be given some requirements to fulfill in order to get the dismissal; such as to pay a fine and/or do community service, pay restitution to the store, attend classes, etc. If you are only being charged with larceny, then the value of the item you stole was less than $250; this means your court-ordered restitution will most likely be less than what the store's attorney is demanding. Once you complete the plea negotiation requirements, your case should be dismissed. At this point, you will not have a conviction on your record, and you can seal the record of your arrest, so that nothing will show up on a background check. Feel free to call my firm to discuss your case. We offer free consultations.
Answered on Oct 06th, 2011 at 11:08 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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FIRST: Do not pay anything to the store except through restitution. Did they recover what you 'stole'? If so, how are they damaged $250? Second, it depends on the employer. Usually, they will not see arrests.
Answered on Oct 06th, 2011 at 11:06 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It may not be. I am not sure what lesser charge a shop lift can be reduced to. Your better option is for your attorney to try and obtain a stipulated order of continuance (SOC) or a deferred finding. Either of these prevents a conviction from going on your record. You can also try a compromise of misdemeanor, which means that if you pay the store for its loss, it may then decline to prosecute. People seem to not comprehend the gravity of even a shop lift. As you are now finding out, a shop lift may well impact your future employment. In addition, if you are a student, a shoplift will negatively impact your admission to certain colleges. It will also negatively impact your ability to obtain scholarship, loans, and financial aid. I strongly advise you to get an attorney to assist you with these possible options.
Answered on Oct 06th, 2011 at 11:06 AM
3 Awards
You need to contact an attorney immediately. Theft is a crime of moral turpitude which can prohibit you from ever getting a good job again. That lawyer will also give you the low down on the demand from the store. Usually, we advise to just ignore the demand and deal with the criminal case. You need a lawyer to look at your case.
Answered on Oct 06th, 2011 at 2:33 AM
Theodore W. Robinson
Hello, The $250 the store wants is a civil "fine" or fee and it has nothing to do with clearing your criminal record. Usually, you will get an ACD, which means an Adjournment in Contemplation of Dismissal and that means that after 6 months or a year, depending upon the judge, your case will be dismissed and the record of it expunged. This is as long as you don't get re-arrested for anything new in that period of time. That would clear your record.
Answered on Oct 06th, 2011 at 2:32 AM
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Yes. The arrest will always show unless you get the case sealed or expunged.
Answered on Oct 06th, 2011 at 2:31 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Paying the demand from the civil lawyer will do nothing for you. Many attorneys advise clients not to pay it because if it is not paid, the only way that the store can get the money (which is authorized by statute) is to sue the person which means incurring a filing fee, service fee, and more lawyer fees. As far as the case itself, you need to get a deferred prosecution / deferred disposition which means a reset with conditions. If you do as instructed, then the case is dismissed when you return to court and you can later expunge the case off your record completely. While most traffic level offenses are not generally available for the public's view at this time, I believe that the time draws near that everything will be available on the internet.
Answered on Oct 06th, 2011 at 2:30 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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The $250 is a "civil demand." California law authorizes a merchant to demand up to $500 in a shoplifting incident. Paying it won't change what happens in criminal court. Your attorney may be able to work out something like a reduction and/or a complete dismissal, depending on the facts, your record and their knowledge of the local courts. They cannot undo an arrest, however. That will always remain unless you're found to be factually innocent by a court. The good news is that most private employers cannot ask about arrests - only convictions and pending cases. Discuss all this, including why you may not have to or not want to pay the civil demand, with your attorney. You're going to need their help to get through this with minimal damage.
Answered on Oct 06th, 2011 at 2:27 AM
Michael J. Breczinski
No what your attorney wants to try to do is get it so that you can get into some sort of diversion program so that if you do everything then you do not have a conviction. The money demand is a civil matter separate from the criminal consequences. It is so the store can re-coop it's loss from having you steal things.
Answered on Oct 06th, 2011 at 2:27 AM
There are ways of clearing your record so that future employers will not find the shoplifting arrest. Just paying the money to the store on its own will not do it. As part of probation you will have to pay the store but there will be more to it than that. You should consult an attorney for your options.
Answered on Oct 06th, 2011 at 2:26 AM
Samuel H. Harrison
The ticket and the letter from the store demanding money are two different things. The criminal case - the ticket- may or may not appear on your record, depending on how and in which court it is disposed. If it is treated as a city or county ordinance violation, the odds are that it will not go into the reporting system and will not show up on a criminal history check. The letter from the store is probably a threat of a suit being filed against you if you don't pay the money. This may be one of the biggest scams in the world. The store catches the shoplifter at or just outside the door. The property is usually recovered at the point of arrest and goes back on the shelves for sale by the end of the working day, just as if someone had picked it up in one end of the store and put it down in another.Then a law firm representing the store demands money for the store's"damages." Frightened people often pay many times more than the stolen stuff was being sold for, thinking that if they pay the money it will keep them from having a shoplifting charge and still wind up going to court and being punished on the criminal charges. Hire a lawyer for the shoplifting charge or at least find out if the case will be treated as a local ordinance violation or a violation of state law. As for the demand for the $250, I would ignore them. It would cost them more to file the suit than they would ever recover.
Answered on Oct 06th, 2011 at 2:22 AM
Bankruptcy & Debt Attorney serving North Bergen, NJ
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Offices of Lazaro Carvajal
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Even if the complaint is dismissed there is a record of the charge and the arrest. This could potentially show up on a background check, depending on how thorough the employer looks. The best thing is to do an expungement of the arrest and the disposition of the charges and then pay to do a background check on yourself and see what comes up.
Answered on Oct 06th, 2011 at 2:20 AM
There are ways to make an arrest not public for employer's to see it is. If you qualify for youthful offender the record will be sealed. You would have to be under the age of 21 at the time of the incident. Another way is through a pardon which you can apply for but takes a long time to receive. Once the pardon is received the record is only viewable to police personnel but not prospective employers.
Answered on Oct 05th, 2011 at 6:44 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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If you pleaded guilty or was found guilty of any kind of misdemeanor, it will appear on your record unless you have some sort of deal where it will not appear on your record such as a diversion program or HYTA, both of which would keep the charge off of your public record. In general, misdemeanors don't hurt you with employers that much. Felonies are the ones that really hurt you.
Answered on Oct 05th, 2011 at 6:43 PM
You need a plea bargain called a deferred judgment or deferred prosecution. The record may appear but after you complete the terms you can have it sealed.
Answered on Oct 05th, 2011 at 6:43 PM
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Yes - only dismissed cases can be sealed - this may happen after a period of time as with a deferred sentence or deferred prosecution. If there is any kind of conviction on a case, no part of the case can be sealed.
Answered on Oct 05th, 2011 at 6:41 PM
It is possible to civilly compromise your case. A civil compromise means that if the store consents the charge can be dismissed(provided you have a clean record otherwise). Once the case is dismissed, we can apply (again provided you have a clean record) to have your record set aside or expunged.
Answered on Oct 05th, 2011 at 6:40 PM