Legal Question in Criminal Law in New York
Retail Theft - Criminal Record?
My sister was recently caught stealing in a name-brand store at a mall. The undercover security officer did not call the cops. He made her sign two forms - that included her social security number and driver's license number and a statement of guilt. They also made copies of her school ID and driver's license. He had told her this was not going on any permanent record and she would not have a criminal record. This was strictly for the store files. She is concerned that this may not be true. Where do these two forms go and will it go on any record? Thanks.
1 Answer from Attorneys
Re: Retail Theft - Criminal Record?
Your sister was fortunate. The 'criminal record' refers only to charges filed by the state of New York and the District Attorney. Your sister still has the right to answer "no" to the question of whether she has ever been arrested or charged with a crime.
However, If she is arrested, this document and attendant evidence can be used to impeach her and bolster the evidence of the DA; making it more likely she will be convicted.
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