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  1. #1
    Join Date
    Apr 2006
    Posts
    122

    Default No Civil Demand After One Year

    My question involves criminal law for the state of: CA

    I was wondering if one did not get a Civil Demand after a year and they did not shoplift since and they learned their lesson is the case dropped? I am asking this for a friend and he was not contacted by the court. When he is filling out his job application is it true the he does selects"no" as to if he has been convicted of a felony or misdemeanor since it did not go to court and the civil demand is a civil issue and the supermarket chain did not press civil or court charges.

    Also he wrote a letter to the LP office apologizing and the LP officer accepted the apology and will let my friend shop again at the store. The LP officer also said that he was not aware of the National Retail Theft Database so it seems like this store does not subscribe to the database as it could be either a store by store option or a corporation as a whole.

    Would you say the records are only in the LP office to report losses and that it will be removed after some time?

    Thanks

    I apologize for posting in the Retail forum and not this forum so you can go ahead and close my original post. Thanks for volunteering your time working on this forum. I do realize you all have full time jobs. My friend has learned a good lesson after showing him this forum he is more remorseful and will think before he acts in the future as he realizes "Don't do the crime if you don't want to do the time".

  2. #2
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: No Civil Demand After One Year

    Since no police were involved, your friend can indicate that he has never been arrested or charged if asked on an application. Some jobs that require a Security Clearance may ask if he has ever committed a crime, the answer to that would have to be "yes."

    Most likely wires got crossed in the submission of the subject's info to whatever service handles the retailer's civil demand. Are they entirely off the hook? Not yet. They are not out of trouble until CA's statute of limitations for CD expires, which I don't have the foggiest what that is. Is there a chance it will get missed? Sounds like.

    Just because the LP person did not know about the NRTD does not mean they don't use it. Subject information is often forwards to a third party to process and enter into the NRTD. But since the CD has been screwed up, it's possible the NRTD entry was as well. There is no way to know as the companies that use/report to the NRTD is closely guarded information. I've worked with folks who didn't know about it even in the LP field.

    Where the records are is dependent on the company. Some keep them in-house. Others have databases that can be accessed from corporate or even any store in the chain.

    Just tell you friend to keep his nose clean, avoid the store if he can (just to be safe) and not worry about it until/if a CD comes in the mail. Speaking of which, has he moved where the CD may have gone to an incorrect address?

  3. #3
    Join Date
    Apr 2006
    Posts
    122

    Default Re: No Civil Demand After One Year

    Thanks freeman 9. My friend has not moved so its quite possible they did not file for a CD.

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