Ask a Canada Law Question, Get an Answer ASAP!
Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.
The program has nothing to do with the security guard.
If they call the police and you are charged the crown will offer the diversion program. You will go to court but there will not be a trial. You will go at first, then diversion will be discussed with the crown and then when you do what you agree to do you would go back to court and then the charges would be withdrawn.
After that once the charges are withdrawn you can apply to have your fingerprints removed.
You will not have a criminal record. You will have a police record if the police call you. All contacts with the police are put into a police record.
It will not harm your ability to get a job as the charges will be withdrawn.
But there is nothing more you can do. The police may charge you but likely won't. You cannot stop that. If they do there is the police record.
That is how this works and there is really no point worrying more and more and reading more and more.
Your googling is giving you answers from others that are not lawyers. I have been a lawyer since 1985. I have explained the law and you know the answers now.
The police record can be accessed but that is when you agree and it is rare for the employer to ask for that.
Fingerprints can be removed as soon as the charges are withdrawn.
The police would have to charge within 6 months.
I think that the Walmart guy was saying what would happen if you were charged and that is all the he meant.
If the police don't charge you within two months then it is too late to charge you.
Walmart does't charge you. They just call the police.
I am thinking that possibly the security guard was not telling you that you have to go and diversion but was just saying what I have been explaining and trying to explain what would happen if you were charged.
There is nothing you can do about that. You did something wrong and you are so sorry for that but at the same time it was done and they won't want you in their store and that is their right.
I cannot act for you but if end up needing a lawyer post on this site again, as, for me, and I will suggest how to find one.
For now please do rate me because my stats are being harmed while I wait for the rating.
The site doesn't permit it and in any event I am winding up my private practice and not accepting new clients anymore as I am retiring.
I understand and I will be here if you need me over the site. I am not retiring from the site.
You can go out.
If the security guard has some of your things contact the store by phone and ask when you can get them back.