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Retail Fraud Questions

What is retail fraud?

What is retail fraud? The retail fraud definition is defined as; any theft from a store can be known as retail fraud. Each state will have its own legal definition of retail fraud. When and if a problem arises between state lines then the federal government will have its own definition as to what makes up retail fraud. Retail fraud can normally relate to either an employee or the managers of the store. Mainly retail fraud consists of a person that has changed a price of an item to buy the item at a less expensive price or clerk who has changed to price in order to make a certain customer pay the higher price. Retail fraud also covers employees stealing from their workplace. Some employees that steal above of a certain value can face misdemeanor charges and time in the local prison. Each state does have their own sets on values of misdemeanor and felony charges. Read below to find more information regarding retail fraud

What is a 3rd degree retail fraud in the state of Michigan?

750.356d Retail fraud in the second or third degree is defined as:

A person who does any of the following in a store or its immediate area is guilty of retail fraud in the third degree, a misdemeanor punishable by imprisonment for not more than 93 days or a fine of no more than $500.00 or 3 times the value of the difference in price, property stolen, or money or property obtained or attempted to be obtained, whichever is greater, or both imprisonment and a fine:

While a store is open to the public, alters, transfers, removes and replaces, conceals or otherwise misrepresents the price at which property is offered for sale, with the intent not to pay for the property or to pay less than the price at which the property is offered for sale, if the resulting difference in price is less than $200.00

While a store is open to the public, steals property of the store that is offered for sale at the price of less than $200.00.

With the intent to defraud, obtains or attempts to obtain money or property from the store as a refund or exchange for property that was paid for and belongs to the store, if the amount of money, or the value of the property, obtained or attempted to be obtained is less than $200.00

In the state of Michigan if someone was convicted of 3rd degree retail fraud, can they get this removed from their record?

In the state of Michigan the state allows a person to set aside one conviction within their lifetime. This person must receive and turn in an application to set aside this conviction or set aside any adjudication from the court in which this person was convicted and a certified copy of the sentence of the judgment, the probation requirements or register of actions. This person can find the forms to file in order to set aside a conviction at: www.courts.michigan.gov/scao/courtforms/generalcriminal/mc227.pdf, often these websites require a small filing fee with the court, but the person does not have to pay for the form itself.

If someone was convicted for 3rd degree retail fraud and they had completed the program in order to remove the conviction from their record, will employers still see this conviction when doing a background check, and does the employee need to state that they have some sort of criminal record?

In this case, if the charges were dismissed, then it should not show up on the person’s record. If they are worried about this they could research online and pay a small fee in order to see what exactly shows up on their background. The person does not have to state on any application of any sort of criminal record, since they were not convicted and the charges had been dropped. The only time in this case that the employee would need to mention this would be if the application had asked if the employee had been arrested. The employee would need to be fully honest with the employer.

If someone has a 3rd degree retail fraud charge on their record, how long will be before the conviction is removed from their record?

Convictions like these don’t just go away within time. The arrest and the conviction will stay on a person’s record permanently. If the individual was not convicted then they can have the arrest removed from their record. Now, if the individual was convicted then they can also get the conviction removed from their record. This would be the only way to have something removed. The process of having a conviction or arrest removed from someone’s record can take a great amount of time and effort.

When someone has committed retail fraud a person does not realize how serious this can be, not only to the company but what kind of effect it can have upon a person, especially when looking for employment. There are many ways to go about retail fraud prevention. For more information on how to stay informed on preventing retail fraud in your company contact the Experts.
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