Issued a Trespass Ban by the Police After Getting Caught Shoplifting

My question involves criminal law for the state of: VA

The other day I was at a CVS and tried to take a few items out of the store without paying for them. This was not my first time and I got caught and taken to a back room by one of the CVS employees. They told me have video tapes of my shoplifting from times prior. The employee told me several times that they would not press charges, simply wanted me to sign a form (a notice forbidding trespassing form) and they would not get the cops involved.

However, a few minutes later, a police officer showed up and asked me questions (name, license, address, SSN, etc.) It was surprising because the employee had told me that cops would not be involved but the officer told me that I was very lucky that they were not pressing charges and not to do it again. The officer had me sign the form banning me from that CVS with 1. reason for having me sign the form 2. her police number and signature that she served me the form 3. my info 4. a police incident number. She then escorted me out and told me again that I was lucky because a misdemeanor charge would destroy my chances at getting a job.

I'm currently employed but thinking about graduate school in the next few years so I have a few questions...

1. Was I arrested? It didn't seem like it since she said this would not show up on my record (and she seemed like she was only called to serve me the trespassing form). But I've read a few things online that make me think them being called/showing up at all means I was arrested technically and could show up that way in police records.
2. Will this show up on my criminal record?
3. Will this show up on a background check?

I don't think CVS will be pursuing anything further but I just wanted to check if this could haunt me later down the road. (I will never be doing this absurdly stupid thing again and feel deep regret and shame)

Thank you in advance for your help.

You should not get bent out of shape about "arrest." The question is whether the commonwealth is going to prosecute you or not. If you get convicted, it will be on your records FOREVER. There is no expunction of convictions in Virginia. The good news is that most general district courts in Virginia will offer a diversion program where you can avoid a conviction after a suitable probation.

I'd stay out of the CVS you've been banned in. You're probably shot for retail jobs.

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Quoting flyingron

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You should not get bent out of shape about "arrest." The question is whether the commonwealth is going to prosecute you or not. If you get convicted, it will be on your records FOREVER. There is no expunction of convictions in Virginia. The good news is that most general district courts in Virginia will offer a diversion program where you can avoid a conviction after a suitable probation.

I'd stay out of the CVS you've been banned in. You're probably shot for retail jobs.

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Thank you for your reply!

But just so I'm getting this straight, you're saying that I should watch out for if the state decides to charge me? (even though the CVS owner said the store would not press charges?)

But I was just wondering if I was "arrested" for future background check for employment purposes.

And why would I be shot for retail jobs? (not arguing, I'm just curious for the reason)

Thank you!

Understand it is NOT CVS that is the injured party here. It is society that is harmed by your criminal activity. It is the commonwealth that prosecutes. If the police were involved, they commonwealth's attorney that makes the all.

You can expect that CVS's "lawyers" will send you a letter demanding civil restitution for the damages you and your ilk have caused them.

Many of the major chains participate in a database to keep track of those who are untrustworthly. Thieves are hard to reform and they cause them a substantial amount of loss as employees.

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Quoting sapphiremoon565

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Thank you for your reply!

But just so I'm getting this straight, you're saying that I should watch out for if the state decides to charge me? (even though the CVS owner said the store would not press charges?)

But I was just wondering if I was "arrested" for future background check for employment purposes.

And why would I be shot for retail jobs? (not arguing, I'm just curious for the reason)

Thank you!

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You do not have to be convicted of a crime to be entered into the National Retail Theft Database. All they needed from you was your signed admission of guilt.

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Quoting flyingron

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Understand it is NOT CVS that is the injured party here. It is society that is harmed by your criminal activity. It is the commonwealth that prosecutes. If the police were involved, they commonwealth's attorney that makes the all.

You can expect that CVS's "lawyers" will send you a letter demanding civil restitution for the damages you and your ilk have caused them.

Many of the major chains participate in a database to keep track of those who are untrustworthly. Thieves are hard to reform and they cause them a substantial amount of loss as employees.

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Thank you for your reply as well

I understand now what you're saying as prosecution goes. Do you think it is likely the commonwealth will prosecute? The total amount that I had stolen amounted to less than $50. I slightly remember the officer saying that this would not be on my record (but it's all little blurry since I was in a daze). My main question is whether there is a criminal record here.

The amount is immaterial. I've certainly sat through court cases in GDC for $18 items that were recovered. While I never recommend taking legal advice from the police (other than when they tell you that you're going to need a lawyer, they're probably giving you a big hint), it's quite possible he was giving his opinion that it wasn't going to rise to the level of prosecution. You will just have to wait it out. If you get paperwork telling you to appear in court, it would behoove you to get an attorney.

There's a transient record of arrests (you usually know this because you'll get post cards from attorneys trolling the arrest records offering to represent you...I must say that this is usually not a good way to select an attorney) but by and large that's not going to cause any long lasting issues. If you end up in court and are found guilty, it is forever.

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Quoting flyingron

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The amount is immaterial. I've certainly sat through court cases in GDC for $18 items that were recovered. While I never recommend taking legal advice from the police (other than when they tell you that you're going to need a lawyer, they're probably giving you a big hint), it's quite possible he was giving his opinion that it wasn't going to rise to the level of prosecution. You will just have to wait it out. If you get paperwork telling you to appear in court, it would behoove you to get an attorney.

There's a transient record of arrests (you usually know this because you'll get post cards from attorneys trolling the arrest records offering to represent you...I must say that this is usually not a good way to select an attorney) but by and large that's not going to cause any long lasting issues. If you end up in court and are found guilty, it is forever.

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Ok, thank you again. I guess I was trying to figure out if I had actually been arrested or not because if I hadn't, that would mean (to my knowledge/hope at least) that I would not be prosecuted. As if I had been let off with a warning. But I was not sure since the officer did take my info and there was a police incident number (but I thought that may have been for serving me the trespassing paper - there was no other paper aside from that).

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Quoting sapphiremoon565

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Ok, thank you again. I guess I was trying to figure out if I had actually been arrested or not because if I hadn't, that would mean (to my knowledge/hope at least) that I would not be prosecuted. As if I had been let off with a warning. But I was not sure since the officer did take my info and there was a police incident number (but I thought that may have been for serving me the trespassing paper - there was no other paper aside from that).

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I don't know what your definition of arrested is but you don't have to be arrested to be prosecuted for a crime so prosecution is still possible.

By the way, people and police are allowed to lie to criminals to get them to cooperate. Criminals are mostly stupid and can be talked into anything while they are peeing in their pants after being caught.

If you get a civil demand letter I suggest you pay it without argument.

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Quoting adjusterjack

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I don't know what your definition of arrested is but you don't have to be arrested to be prosecuted for a crime so prosecution is still possible.

By the way, people and police are allowed to lie to criminals to get them to cooperate. Criminals are mostly stupid and can be talked into anything while they are peeing in their pants after being caught.

If you get a civil demand letter I suggest you pay it without argument.

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Thank you so much for your input (and to everyone on this thread), it really has been a huge help in my understanding of the situation.

As I would normally think that they were telling me I would not be charged to get me to confess, however, they continued to tell me I "would not be charged" and "this would not go on my record" and "I was lucky because this could ruin job opportunities" after I had been questioned, confessed, given my info. While I understand it is still possible to be prosecuted, I am wondering how likely that is given what I was told? (I realize this may not be an answerable question). This will most likely be my last question on the matter.