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Caught Shoplifting at Walmart

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  • 08-27-2011, 03:59 PM
    joyceemarie
    Caught Shoplifting at Walmart
    My question involves criminal law for the state of: New York.

    I'm 18, stole $27 worth of makeup. Got caught and taken into a back room where they took my ID, checked my bag, got my info, picture, etc. Told me Walmart was going to send me a restitution in the mail stating they can charge me up to 5x the amount I stole. State trooper was called and took me to his station. Took my info, prints, and picture; gave me a court date. I signed two documents, one for a photo release to Walmart and one from the officer about court. Officer told me that this was a larceny/misdemeanor and I could be fined and given community service. He also told me about an ACD in which they will drop my case if I have good behavior within the year. This is my first offense, I've never done anything like this and never will. I just want to know if this will stay on my record and if I should ask for an ACD. I've read multiple replies to cases similar to mine but some say it stays on my record, some say it will go away within a year. Is there anything I can do to keep my record clean since this is my first offense and I'm willing to pay the fine? What will happen to me at court? And when applying for a job, is it likely that this will show up on a background check? Please help, I'm very worried :(
  • 08-27-2011, 04:47 PM
    PandorasBox
    Re: Caught Shoplifting at Walmart
    Plead Not Guilty, ask for a public defender (not free). Ask for an ACD or First Time Offenders or Diversion Program.

    Depending on if you get a Program....yes it will show up on background checks for jobs, apartments, etc.
  • 08-27-2011, 06:23 PM
    flyingron
    Re: Caught Shoplifting at Walmart
    Pandora has the right approach. If they are going to offer you ACD, that is what you should do and be VERY careful not to screw up the second chance it provides. If you get ACD there won't be a fine but there will be a money you will owe for costs. Once your ACD probation is complete it will disappear from your record. In the mean time, it will show up on background checks.

    Further, Walmart probably reported this to the National Retail Theft Database, so you will be tainted by that if you try to get a job at a retailer who subscribes to that service. In addition, expect Walmart's asset recovery people (masquerading as lawyers) to send you that demand for restitution they told you about.
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