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  1. #1
    Join Date
    Feb 2016
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    4

    Default Caught Shoplifting but the Police Were Not Called

    My question involves criminal law for the state of: Texas

    I am feeling extremely guilty and idiot already, so I'd really appreciate it if you hold the comment about how stupid I am or my stupid action.

    I'm 20, never do anything wrong, and have never dealt with any legal stuff. What happened was, money was a little tight for me, and I got caught shoplifting at Walmart (Houston) for 2 items, less than $15 in total. I was caught by 2 of their Loss Prevention Officer, and escorted to their back room. Once in the room, they took my license (return it afterwards), SS number, and picture. Because it was less than $25, they told me to expect a letter for the fine and escorted me out of their premise. I was firmly told to make sure I look for that letter and pay it. Or even better, call the number after 4-5 days to avoid the letter be missing and be fined for both the incident and interest on it. There was no police involved and they said I'm not banned from the store, but police will be involved if this happen again in the future (which I will never ever ever do again). I will call the number they provided in a few days, and hoping to not have this show up on my record. I really want a clean closure on this embarrassing incident.

    My questions are:
    1) Will this be on my permanent record?
    2) Will it still be on the record if I pay the fine?
    3) How much should I be expecting the fine to be? Google seems to say expect around $400, would that be true?
    4) Can this bring more problem in the future, even if I were to pay the fine in full?
    5) If I were to look for a job, will this show up in my background check?
    6) Is there any way I can erase this from the record?

    I've learned my lesson, and thank you for the help in advance.

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    My questions are:

    1) Will this be on my permanent record?

    Criminal record? No. However, many stores subscribe to a data base where stores report shoplifters. I have no idea if you will be reported or not.

    2) Will it still be on the record if I pay the fine?

    If you were reported to the data base, it will stay on the data base.

    3) How much should I be expecting the fine to be? Google seems to say expect around $400, would that be true?

    Could be. I've read many posts from shoplifters that got civil demands for $200 and $300, so $400 is certainly not out of line.

    4) Can this bring more problem in the future, even if I were to pay the fine in full?

    There isn't likely to be any criminal prosecution, if that's what you mean.

    5) If I were to look for a job, will this show up in my background check?


    There is a good chance that it will show up in a background check if you apply for a job in retail as the database is primarily used by retail stores.

    6) Is there any way I can erase this from the record?

    Not that I know of.

    Bottom line: Pay the civil demand immediately, no matter what. You have no bargaining power here.

  3. #3
    Join Date
    Feb 2016
    Posts
    4

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    Thank you for the reply and advice, Adjusterjack. I will definitely be calling and chasing after the lawyer (?) to pay the fine as soon as possible.

    Just some follow up questions:
    1) Say that I want to apply for a job as an accountant or manager in the future (not in retail, maybe like hotels, restaurants, or accounting firms), will it still show up?
    2) The LP did say I will be on their (I assumed Walmart) database; is it safe to assume this incident won't show up in any other public/private database other than retail?
    3) Will my name be forever in the retail database, or will it ever "expire"?

    My apology for the unprofessional terms. I am still a nervous wreck after the incident and have no previous law background/experience.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    The NRTD follows the FCRA so it's not permanent, just seven years. Mostly the impact is you're unlikely to get retail job in a member store in that time frame. Drug addicts are easier to reform than thieves.

  5. #5

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    Here is what the Texas statute says:

    Sec. 134.005. RECOVERY. (a) In a suit under this chapter, a person who has sustained damages resulting from theft may recover:
    (1) under Section 134.003(a), from a person who commits theft, the amount of actual damages found by the trier of fact and, in addition to actual damages, damages awarded by the trier of fact in a sum not to exceed $1,000; or
    (2) from a parent or other person who has the duty of control and reasonable discipline of a child, for an action brought under Section 134.003(b), the amount of actual damages found by the trier of fact, not to exceed $5,000.
    (b) Each person who prevails in a suit under this chapter shall be awarded court costs and reasonable and necessary attorney's fees.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    Quote Quoting anon77
    View Post
    Thank you for the reply and advice, Adjusterjack. I will definitely be calling and chasing after the lawyer (?) to pay the fine as soon as possible.
    Don't call. Wait for the letter. You will get it but it won't happen in 4-5 days, it will be more like 30 days. You will just make things worse if you chase after them.

    Just some follow up questions:
    1) Say that I want to apply for a job as an accountant or manager in the future (not in retail, maybe like hotels, restaurants, or accounting firms), will it still show up?
    No it will not

    2) The LP did say I will be on their (I assumed Walmart) database; is it safe to assume this incident won't show up in any other public/private database other than retail?
    Correct. You were not arrested. The fact that Walmart didn't even ban you from the stores indicates that it will remain internal to Walmart.

    3) Will my name be forever in the retail database, or will it ever "expire"?
    Again, Walmart didn't even ban you so its unlikely to go beyond Walmart.

    My apology for the unprofessional terms. I am still a nervous wreck after the incident and have no previous law background/experience.
    You dodged a serious bullet here. Walmart did not call the police and did not ban you from the stores. As long as you promptly pay the civil demand when you get the letter there is virtually no chance that anything will go any further or that it will impact your life any further. However, that assumes that you will never do anything that stupid again. If you do, then you can expect to be arrested and expect it to impact your life forever.

  7. #7
    Join Date
    Feb 2016
    Posts
    4

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    To flyingron, Security Consultant, llworking: Thank you for the help and advice.

    llworking: I understand the severity of this incident and know how lucky I am to not have the police involved or banned from the store. I truly regret my action, and will never ever do anything this stupid again. I’ve learned my lesson, and understand that my future doesn’t worth the risk of any idiotic acts.

    Last follow up questions:
    1) as llworking had advised, I will wait for the letter instead of calling them. But what would happen if I receive no letter at all within 30-60 days? Is there any probability of not getting any civil demand, or should I assume the mail was just lost and try to contact the lawyer to pay for the fine?
    2) As I research more about my situation on different forums, I’ve seen several lawyers (source: AVVO) highly advising people not to pay civil demands as it would be translated as a confession (which will later be used by the NRMA to submit the names on the list). Is this true?

    *A little typo on question #2: it’s NRTD (National Retailers Theft database), not NRMA.

    Thank you.

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    NRTD is the database, NRMA is the organization that maintains it.

    While a paid civil demand is one way to get into it, you probably already meet the requirements to get in the database without it.

    You can count on Walmart's "lawyers" to send you that letter. It's what they do for a living. Don't worry, they will send you a second letter if you don't respond to the first. Stamps are cheap.

  9. #9
    Join Date
    Feb 2016
    Posts
    4

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    flyingron, thank you for the answers. I will pay the civil demand and hope nothing bad will come in the future because of the payment.

    By the way, I’ve seen you answer a somewhat similar question in a different sub-forum, but I just want to confirm something. I am planning to apply for US citizenship in a year or two, and I understand that there is a question about being “convicted of, or who admits having committed, or who admits committing acts which constitutes the essential elements of a crime involving moral turpitude”.

    My understanding after reading llworking’s reply is that since there was no police involvement or arrest, this is a “private” matter between me, Walmart, and their lawyers. So if such question comes up in the form, I should check the “no” box, because I have not been convicted or admit having committed to CMIT for the immigration purposes. Is that right?

  10. #10
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Caught Shoplifting for Less Than $15 at Walmart in Texas

    You're required to show you are of good moral character when applying for naturalization. Your moral turpitude is indeed going to be a problem. Whether it is going to disqualify you, one can not say. You're going to have to tell USCIS about your misbehavior. While you were convicted or even charged and while paying the civil demand itself is not an admission of guilt, the naturalization process is one of the times, they're allowed to delve into your behavior beyond the direct legal implications.

    The first question (Part 11, Question 22) that starts asking about criminal issues is this: Have you ever committed, assisted in committing, or attempted to commit, a crime or offense for which you were not arrested? You are going to have to answer yes and explain it. Indicating that you paid the civil demand may actually help you. Lying on the N-400 will look worse for you than almost any affirmative answer you give. It can even get you deported with a lifetime bar on ever being allowed back into the US.

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