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Can You Get a Trespass Ban Lifted if a Shoplifting Charge is Dismissed

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  • 12-19-2015, 10:11 AM
    oldindian
    Can You Get a Trespass Ban Lifted if a Shoplifting Charge is Dismissed
    My question involves criminal law for the state of: Tennessee
    Last year around Christmas time I went to walmart and bought a set of tools after I got home with them I saw the ratchet had been replaced with a cheep china ratchet so I went to take it back and get 1 that was correct a friend took me he went to get another set for me while I was waiting in line for exchanges because it was christmas time the line was 4 miles long and I got impatient and told him I have the receipt and I set the tool set I had bought down and took the other one and left needless to say I got arrested for shoplifting, I made the walmart cop go out and get my set of tools and I took them to jail with me at the time I had $400.00 in cash on me had proof from jail receipt.
    When i went to see my public pretender and showed him everything I had he said I had no problem because they could not prove I was trying to steal the tool set.
    I went to court and the judge told me " You are not being convicted of anything pay court cost and stay out of trouble for 6mo. and it will be cleared off your record." and I did that my question is how do I go about getting the ban at walmart lifted?
    Thanks for any help I can get on this.
  • 12-19-2015, 10:46 AM
    llworking
    Re: Charged of Shoplifting at Walmart Not Convicted of Any Wrongdoing How to Get Ban
    Quote:

    Quoting oldindian
    View Post
    My question involves criminal law for the state of: Tennessee
    Last year around Christmas time I went to walmart and bought a set of tools after I got home with them I saw the ratchet had been replaced with a cheep china ratchet so I went to take it back and get 1 that was correct a friend took me he went to get another set for me while I was waiting in line for exchanges because it was christmas time the line was 4 miles long and I got impatient and told him I have the receipt and I set the tool set I had bought down and took the other one and left needless to say I got arrested for shoplifting, I made the walmart cop go out and get my set of tools and I took them to jail with me at the time I had $400.00 in cash on me had proof from jail receipt.
    When i went to see my public pretender and showed him everything I had he said I had no problem because they could not prove I was trying to steal the tool set.
    I went to court and the judge told me " You are not being convicted of anything pay court cost and stay out of trouble for 6mo. and it will be cleared off your record." and I did that my question is how do I go about getting the ban at walmart lifted?
    Thanks for any help I can get on this.

    You cannot get the ban at Walmart lifted. They can ban anyone they like, for any reason (other than illegal discrimination).
  • 12-19-2015, 10:55 AM
    cbg
    Re: Charged of Shoplifting at Walmart Not Convicted of Any Wrongdoing How to Get Ban
    You very politely write to Walmart and make the request.

    If they refuse there is no law you can invoke that will force them to do so.
  • 12-19-2015, 11:36 AM
    jk
    Re: Charged of Shoplifting at Walmart Not Convicted of Any Wrongdoing How to Get Ban
    Quote:

    Quoting oldindian
    View Post
    My question involves criminal law for the state of: Tennessee
    Last year around Christmas time I went to walmart and bought a set of tools after I got home with them I saw the ratchet had been replaced with a cheep china ratchet so I went to take it back and get 1 that was correct a friend took me he went to get another set for me while I was waiting in line for exchanges because it was christmas time the line was 4 miles long and I got impatient and told him I have the receipt and I set the tool set I had bought down and took the other one and left needless to say I got arrested for shoplifting, I made the walmart cop go out and get my set of tools and I took them to jail with me at the time I had $400.00 in cash on me had proof from jail receipt.
    When i went to see my public pretender and showed him everything I had he said I had no problem because they could not prove I was trying to steal the tool set.
    I went to court and the judge told me " You are not being convicted of anything pay court cost and stay out of trouble for 6mo. and it will be cleared off your record." and I did that my question is how do I go about getting the ban at walmart lifted?
    Thanks for any help I can get on this.

    you were provided what is called a pre-trial diversion (among other names). The judge did consider you to be guilty but since it appears you followed the requirements, the charge was dismissed. Make no mistake; had you screwed up during the following 6 months you would have a conviction on your record and served whatever penalty the judge imposed.

    As far as the ban;

    until walmart chooses to lift it it is forever. You have no legal right to demand they lift it. It doesn't matter if you were convicted or not. It is simply their option whether to ban you or not.

    To them if they will lift it you will need to contact them and ask if they will.
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