My cousin, in his 20s, was caught shoplifting and was given a notice prohibiting entry under the trespass to property act, is has been given a civil claim notice ($500). The police arrived, did not charge him and let him go with a warning that his information is now in CPIC but no criminal charges. Questions: Will his potential employers come across his cpic information if a police reference check is performed? Will this information haunt him if he decides to immigrate to another country? Is there a time period after which this information will automatically disappear from CPIC? Is there a way to have this information deleted from CPIC via a lawyer? What other limits will this CPIC information entail on his future? He's a bright kid, still in university with great grades. He's still undecided but we all thought might go onto medschool or law school. Is that still an option?
I would not worry.
I would also not worry about the civil notice. They cannot do that and he should not fall for it.
he was pieces
they said he'll get a letter in the mail, so my sister will let me know when they receive it. But will they need to get a lawyer?
won't his credit rating be affected if he doesn't pay?
No. It is a false debt. It is a method some companies use to get money. They have to sue him and prove they lost $500 and then get a judgement. It is near fraud on my personal opinion and he should ignore and NEVER admit he owes this money. Certainly he does not need a lawyer.......
He was given a break. There are no criminal charges and he will never have to admit to an employer or a school that he was convicted or even charged with a criminal offence. More....
what about CPIC: Will his potential employers come across his cpic information if a police reference check is performed? Will this information haunt him if he decides to immigrate to another country? Is there a time period after which this information will automatically disappear from CPIC?
CPIC is a national police computer system. It is private for police use only. ........
Employers and others cannot see this information. What the police are saying is, if he gets caught again, future police officers will know he got a break once. They are telling him that a second break is probably impossible. It is more of a warning than a threat. No one is allowed to use this information against him but a future police officer dealing with him will be able to see he was "let off" once before. This will effect any future consideration on any further incidents with police. More...
Most people do not know that all dealings with police can be recorded. This is used to assess the credibility of the person they are talking to. But, these records are not public. For instance, if I dislike someone and like calling police to report this person wrongfully, CPIC can tell police officers how many times I phone police and whether I was wasting their time. So, it is not just about criminals it is a record of all police contact so police can assess credibility.
I understand it is for police only - so you're saying there is no way for 3rd parties to "order" this information? medical license board or the bar association for ex?
is there no way to "wipe" it?
I want to say that the info is kept for 6 years. But, my belief is that the information is deleted as the importance of that info diminishes. Having said that criminal records are never deleted but that is not what we have here. More.....
This is over in my opinion. He has no reason to fear because no one can access this information. Many employers and professional schools and licensing organizations like for doctors and lawyers may ask him if he has ever been charged with an offence. He can say NO. More....
If he is ever required to get and produce his criminal record, this unfortunate incident will not be on it. He has a clean record.
But, if ever does something stupid again, the police will know he got a break. The store should never be paid a cent!!.
so he should ignore it?
or write them back?
if it goes to court he'll have to go though right?
Ignore. If they call, tell them to sue. They never do because they cannot win. They never lost $500 in the first place so they have no case. These stores just hope scared people will pay.
If he stole $500 and they did not get it back, then they can sue.
If I sent you a bill and threatened to sue you would you just pay?
You would ask what for? I would say for my damages. You would ask what damages are you talking about? I would have no answer. In this case and many others I have seen, stores just hope a certain number of people pay in fear and not because they are legally supposed to. They could say that it cost money because he stole something. Well, the store has whatever it was back and he was not even charged much less convicted of theft.
These letters really bother me and I am just looking for he right one to make a stink. They are sooo close to blackmail. But, they stop short most of the time and always back off in my experience of maybe 80-100 of them over the years.
This is over.
He learned a lesson. The police must have felt highly of him because if they could charge, they most often do. His job now is to not break the law again and become a good doctor or lawyer or anything.
I cannot be more reassuring that this is over for him.
I see you left our chat. If you need more, please advise but he is OK. Please consider accepting my answer for my time and sincere interest.
Called to the Bar of British Columbia in 1991