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Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 584
Experience:  Attorney at Law Offices of Khaled Issa
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My husband and I were caught shoplifting from walmart. We

Customer Question

My husband and I were caught shoplifting from walmart. We took a few food items; it was not the first time, but it was the first time we got caught. The manager said he had seen us acting suspicious before but this was the first time he had actually seen us take anything. We explained our situation and he took pity on us. An officer was called in, but we were told that he would only arrest us if we tried to run. The manager and officer gave us alot of information on places that can help us in the future so we never feel the need to do this again. The officer even assured the manager that his report would be "short and sweet" and he warned us if we ever did it again we wouldn't receive any leniency. The manager said that he was going to go easy on us and that we would only be banned from that location, not all stores. He took our licences and our phone number but didn't take any pictures of us. He did say that per wal-mart policy he did have to send the security images to the other stores. We will also receive a civil demand letter from wal-mart. I was a little shaken up, but very grateful. My questions now are: Because we weren't actually arrested will this go on our permanent record in regards ***** ***** job applications or other background checks? And will the matter be dropped after we pay restitution to Wal-mart?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to provide general information regarding your issue. I am sorry to hear about the situation you were in but it is great that no formal charges or arrests were commenced as a result.

May I ask, were you given any type of "non-criminal" ticket by the police? This will play a role in providing more accurate information to you.

Customer: replied 1 year ago.
We weren't given anything from the police. The only paper we saw and signed was one agreeing to not return to this location. The officer actually told us to call the station if we are ever in need of assistance and they would help us. Everyone was really nice, but I am just scared because we have never been in this type of situation before.
Expert:  Legal-Kal replied 1 year ago.

I understand your concern.

Now, there are two types of criminal backgrounds. First, there is an "arrest based" background. This background, as you may imagine, only shows arrests. Next, there is a "conviction based" background. This only shows convictions in one's history.

Because you were not arrested, nor charged, this incident will not appear on either one of your backgrounds. It is, essentially, as if it never happened for criminal background checks. It will not show up on any future background search an employer may conduct. This is because you were not legally arrested, nor were you charged with any crime.

The civil restitution is a different topic, unrelated to the criminal side of the incident. The restitution demand is purely a monetary issue, which is allowed under the law. A retailer may make a civil demand of a theft scenario. If payment is not made, the retailer may, if they so choose to, sue you in civil court, NOT criminal court. However, if one pays the restitution, they will make the retailer happy, which is something that one should do in this situation so as not to "rock the boat" and risk any "change of heart" on the part of Walmart.

I hope this information has been helpful. If you have any follow up questions based on what I have provided, please feel free to ask and I would be happy to answer them.

If not, please remember to click ACCEPT and rate my assistance as that is the only way I can be credited for assisting you this afternoon. Your cooperation in this regard would be greatly appreciated!

Expert:  Legal-Kal replied 1 year ago.

It appears you had zero intent to honestly comply with the Terms of Service and that you merely wanted a question answered without paying. That is the only logical conclusion as, if you had any issues with my response, you could have responded back with said issues.

What a shameful act on your part. That should not be unexpected from you apparently, based on your question.