Legal Question in Civil Litigation in California
shoplifting - they have a copy of my photo ID
I'm a 27 y/o female professional who is going through financial trouble. I was doing my grocery shopping and got the brilliant idea to save a couple $ by shoving some canned food items into my bag. Well, as I was exiting the store, the security guard stopped me and asked to look in my bag. I resisted by saying it was my bag with my personal items and I didn't want him to touch it. Well, it turned into a bit of a scene - and the manager and another Safeway employee came over and asked to look into the bag as well. I tried to talk them out of it - but finally I agreed to go into the back room with them. I took out the cans, (worth maybe $7 total) apologized, and explained that I am having a hard time. The manager lectured/yelled at me but said she wouldn't call the cops. She took a photo copy of my driver's license and told me that I should never step foot into that Safweay or any other Safeway again. She also said that retailers share information, and that if I ever shoplift again, the police will come.
I'm wondering if my information is in some sort of database, and if it will ever prevent me from getting a high level job in the private or govt. sectors. Would this show up if someone were to run a background check on me?
3 Answers from Attorneys
Re: shoplifting - they have a copy of my photo ID
Usually shoplifters are eventually prosecuted and they never, ever get jobs again. Do not sign anything or talk to the police. If you are not prosecuted go to Vegas -- you are very lucky indeed.
Re: shoplifting - they have a copy of my photo ID
Hello:
1. If in fact the store personnel were truthful, in part, which it appears that they were, you are fortunate indeed.
2. Shoplifting is a crime--Petty theft. A first offense carries withit potential of jail time, as well as a fine and usually three (3) years probation. At the conclusion of the probation, the case CAN THEN be dismissed. This is an expungement.
3. During the probation time the arrest/conviction would be a public record and available to prospective employers.
4. Since you were obviously NOT ARRESTED, the liklihood of there being a criminal charge against you is very slim at this point.
5. No arrest, no conviction, etc., no record!
6. In any employment application you can say that you have had no arrests or convictions.
7. As far as a central database for shoplifter photos, I am reasonably certain that that was said just to scare you. Nonetheless, stay out of Safeways!
Good luck.
Sincerely,
Mark Geyer
Re: shoplifting - they have a copy of my photo ID
Unfortunately, probably not. Your attempt to justify your thievery by suggesting that it is okay because you are "having a hard time", is reprehensible. I certainly hope that someone with your character flaws would not be considered for a "high level job".
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