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  1. #1
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    Mar 2011
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    Default Shoplifting Consequences

    My question involves criminal law for the state of: Colorado

    My gf and I were caught shoplifting. A police came and gave us a court date. We are both 18 years old. I went to court for shoplifting about a year ago when I was still a minor, but I had not committed a crime the first time and so they let me do diversion. I don't think its been expunged yet though.. When I go to court, what should I expect? Will colleges revoke my acceptances and scholarships and will I still be able to travel internationally with a tourist visa in a few months? Would pleading guilty on the first court date be bad? Should I get an attorney? Will they use my juvenile records against me? The LP told me I tried to run because he grabbed my arm, however we hadn't even left the store yet.

    I know I screwed up and this has made me severely depressed and I just don't know what to do. Shoplifting is a horrible crime. I'm a good person, a good student, very intelligent, and I have a lot going for me. Will this destroy my future as well as my international study plans?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Shoplifting Consequences

    I'm a good person, a good student, very intelligent, and I have a lot going for me.
    My gf and I were caught shoplifting
    I went to court for shoplifting about a year ago when I was still a minor
    ,

    that first line sure is hard to swallow in light of the two lines following. Good people do not shoplift, let alone twice. Yes, colleges can revoke all offers if you become a convicted criminal. Will they? Only they know.

    you should get a lawyer.

  3. #3
    Join Date
    Mar 2011
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    7

    Default Re: Shoplifting Consequences

    People make stupid mistakes for many reasons. It does not define you or your intentions.

  4. #4
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    Jan 2006
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    Default Re: Shoplifting Consequences

    Quote Quoting ccsa
    View Post
    People make stupid mistakes for many reasons. It does not define you or your intentions.
    The first time, I can somewhat agree with you. When it happens a second time, they it does define you and your intentions.

  5. #5
    Join Date
    Sep 2010
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    19,600

    Default Re: Shoplifting Consequences

    And with a second time caught. Unless you are the most inept shoplifter ever, I bet that this wasn't just the second time shoplifting.

  6. #6
    Join Date
    Mar 2007
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    9,096

    Default Re: Shoplifting Consequences

    Quote Quoting ccsa
    View Post
    People make stupid mistakes for many reasons. It does not define you or your intentions.
    Most people's list of "to do's" on date night does not include "steal from a local business".

    A stupid mistake is tripping over a curb or spilling your soda into your keyboard. This isn't a mistake. This was a planned action you committed.

    This is only a "stupid mistake" because you got caught.

    Oh, and you were absolutely convicted of committing a crime in your first offense. Diversion is a way for the court to try to help you out by convicting you but, if you keep your nose clean, removing the stigma of that conviction.

    If you are still on probation for that diversion, you do realize you flushed that as well, right?

  7. #7
    Join Date
    Sep 2005
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    Default Re: Shoplifting Consequences

    Quote Quoting ccsa
    When I go to court, what should I expect?
    Read the threads stickied at the top of the forum.
    Quote Quoting ccsa
    Will colleges revoke my acceptances and scholarships...
    Probably not, but we don't know what colleges are involved or their background check policies.
    Quote Quoting ccsa
    ...and will I still be able to travel internationally with a tourist visa in a few months?
    You will have to investigate with the nations involved to determine, to the extent possible, the extent to which they exchange conviction information with the United States and the extent to which a misdemeanor conviction would disqualify you from obtaining a visa for or entering that particular country.
    Quote Quoting ccsa
    Would pleading guilty on the first court date be bad? Should I get an attorney?
    Yes, yes.
    Quote Quoting ccsa
    Will they use my juvenile records against me?
    I would expect so. See CRS 19-1-304 ("Except as provided in paragraph (b.5) of this subsection (1), court records in juvenile delinquency proceedings or proceedings concerning a juvenile charged with the violation of any municipal ordinance except a traffic ordinance shall be open to inspection to the following persons without court order... the adult probation department for purposes of a presentence investigation and the preparation of a presentence report as described in section 16-11-102 (1) (a), C.R.S.;")
    Quote Quoting ccsa
    The LP told me I tried to run because he grabbed my arm, however we hadn't even left the store yet.
    It is possible to run inside of a building.
    I know I screwed up and this has made me severely depressed and I just don't know what to do. Shoplifting is a horrible crime. I'm a good person, a good student, very intelligent, and I have a lot going for me. Will this destroy my future as well as my international study plans?[/QUOTE]

    Quote Quoting ccsa
    I went to court for shoplifting about a year ago when I was still a minor, but I had not committed a crime the first time and so they let me do diversion. I don't think its been expunged yet though.
    Well then, it seems that it won't be.
    Quote Quoting CRS Sec. 19-1-306. Expungement of juvenile delinquent records.
    (1) For the purposes of this section, "expungement" is defined in section 19-1-103 (48). Upon the entry of an expungement order, the person, agency, and court may properly indicate that no record exists.

    (2)
    (a) The court shall advise any person of the right to petition the court for the expungement of such person's record at the time of adjudication, or the court, on its own motion or the motion of the juvenile probation department or the juvenile parole department, may initiate expungement proceedings concerning the record of any juvenile who has been under the jurisdiction of the court.

    (b) Expungement shall be effectuated by physically sealing or conspicuously indicating on the face of the record or at the beginning of the computerized file of the record that said record has been designated as expunged.
    (3) Basic identification information on the juvenile and a list of any state and local agencies and officials having contact with the juvenile, as they appear from the records, shall not be open to the public but shall be available to a district attorney, local law enforcement agency, and the department of human services; except that such information shall not be available to an agency of the military forces of the United States.

    (4) Records designated as expunged may only be inspected by order of the court, after a hearing and good cause shown. Notice of said hearing shall be given to all interested parties at least five days in advance of such hearing.

    (5)
    (a) Expungement proceedings shall be initiated by the filing of a petition in the appropriate juvenile court requesting an order of expungement. No filing fee shall be required. Any record that is ordered expunged shall, notwithstanding any such order for expungement, be available to any judge and the probation department for use in any future juvenile or adult sentencing hearing regarding the person whose record was expunged.

    (b) Upon the filing of a petition, the court shall set a date for a hearing on the petition for expungement and shall notify the appropriate prosecuting agency and anyone else whom the court has reason to believe may have relevant information related to the expungement of the record.

    (c) The court may order expunged all records in the petitioner's case in the custody of the court and any records in the custody of any other agency or official if at the hearing the court finds that:

    (I) The petitioner who is the subject of the hearing has not been convicted of a felony or of a misdemeanor and has not been adjudicated a juvenile delinquent since the termination of the court's jurisdiction or the petitioner's unconditional release from parole supervision;

    (II) No proceeding concerning a felony, misdemeanor, or delinquency action is pending or being instituted against the petitioner;

    (III) The rehabilitation of the petitioner has been attained to the satisfaction of the court; and

    (IV) The expungement is in the best interests of the petitioner and the community.
    (6) A person is eligible to petition for an expungement order:
    (a) Immediately upon a finding of not guilty at an adjudicatory trial;

    (b) One year from:
    (I) The date of a law enforcement contact that did not result in a referral to another agency;

    (II) The completion of a juvenile diversion program or informal adjustment;
    (c) Four years from the date of:
    (I) The termination of the court's jurisdiction over the petitioner;

    (II) The petitioner's unconditional release from commitment to the department of human services; or

    (III) The petitioner's unconditional release from parole supervision;

    (IV) (Deleted by amendment, L. 96, p. 1163, 6, effective January 1, 1997.)
    (d) Ten years from the date of the termination of the court's jurisdiction over the juvenile or the juvenile's unconditional release from parole supervision, whichever date is later, if the juvenile has been adjudicated a repeat or mandatory juvenile offender and if the juvenile has not further violated any criminal statute.
    (7) The following persons are not eligible to petition for the expungement of any juvenile record:
    (a) Any person who has been adjudicated as an aggravated juvenile offender or a violent juvenile offender;

    (b) Any person who has been adjudicated for an offense that would constitute a crime of violence under section 18-1.3-406, C.R.S., had the person been an adult at the time the offense was committed;

    (c) Any person who, as a juvenile, has been charged by the direct filing of an information in the district court or by indictment pursuant to section 19-2-517, unless the person was sentenced as a juvenile in the same matter;

    (d) Any person who has been adjudicated for an offense involving unlawful sexual behavior as defined in section 16-22-102 (9), C.R.S.
    (8) A person may file a petition with the court for expungement of his or her record only once during any twelve-month period.

    (9) Repealed.

  8. #8
    Join Date
    Mar 2009
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    Michigan
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    6,808

    Default Re: Shoplifting Consequences

    You may also want to think about attending some Shoplifters Anonymous meetings, or getting some counseling. 18 and you have shoplifted twice.

    Aside from worrying about College, you also have to worry about your future....You see, you might get into college....and earn a Degree. But with 2 shoplifting convictions, it will be very difficult for you to find an employer that will hire a two-time thief.

    As an 18 year old with 2 shoplifting charges....you won't be working at WalMart. McDonald's will not even hire you. Even if you earn a 4-year college degree, employers are going to be looking at hundreds of resumes...do they want to hire the people who have no criminal record...or the one who may steal from them.....

    You may find getting an apartment to be difficult, since they run Criminal Background Checks.

    Get what I'm saying?

  9. #9
    Join Date
    Mar 2011
    Posts
    7

    Default Re: Shoplifting Consequences

    But the first one was on mt my juvenile record. Why would i not still be able to get it expunged? And no im not on probation.

    Also the first time i did not do it. They had no evidence against me whatsoever but my attorney said i should do diversion as it would be easier than a trial. I can still have it expunged because i am not on probation and its on my juvi record. I admit i do stupid things out of impulse and to impress other people and i know i took this to far. I've never shoplifted on my own or had the urge to I merely did it out of impulse and to impress someone and ive just been very unlucky. Im not a bad person, i just dont always think about my actions before I do something.

  10. #10
    Join Date
    Jan 2006
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    38,867

    Default Re: Shoplifting Consequences

    Also the first time i did not do it.
    Yes, you did. You admitted such in court.

    They had no evidence against me whatsoever but my attorney said i should do diversion as it would be easier than a trial.
    Remember that if you ever get picked up for murder. It makes as much sense with either crime.

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