Felony Shoplifting for $10?

[badluck1977]

So here's the story, back in 1998 I was a college kid at a top-10 university located in a a not so nice neighborhood. I made the silly decision to shoplift an $8 small bottle of contact lens cleaner at a local supermarket b/c I didn't feel like paying for it (cheap college kid). I purchased a whole bunch of other stuff and as I was leaving the security guard stopped me and detained me. Being that I was not a repeat shoplifter (first-timer) I was scared stiff, apologized profusely, offered to pay and expressed my sincere regrets. He said it would be up to the owner of the grocery store, but he'll probably let me off if I pay and apologize. Security said, as I was a university student, they were really are looking out for repeat offenders, and unsavory locals). I was worried that I would miss my afternoon flight (overseas spring break trip) so I did bug 'em a bit to hurry up a bit and ask the owner if I could make a phone call and at least tell me friends that I'm being detained. Either way, bottom line, the owner was a meeting, popped in the room, looked at me for 2 seconds, and left. Next thing I know I was cuffed, arrested by cops and charged with shoplifting and taken away to the precint overnight (keep in mind this was for a $9 item). Being a first timer, I asked tons of quetions, and was told it would probably end up as a misdemeanor. I went to court in a few months, they told me to go home as it was apparently dismissed (I really didn't know what they said as it was so loud in the court, but they said it was essentially a dismissal). Anyways I decided it was over and decided to forget about that miserable experience. Fast forward a decade later -

I complete an advanced/graduate degree and my new employer does a background check and find out I have a rap sheet. I am accused of misrepresenting my application (it asks if I have been charged/convicted of a felony or charged of a misdemeanor). They see my arrest and ask for the details. I get a copy for the first time from the police dept. via mail.

The records say I have been arrested for a FELONY shoplifting charge, although it says stricken from docket with leave for reinstatement.

Ok, so is this possible? That I got charged as a 21 year college kid first time offender, a FELONY for shoplifting a $9 item?? I had thought it was a misdemeanor. In Illinois/Chicago items under 150 are considered misdemeanor.

This has serious implications now with my job and also working in the banking/securities industry as I have to be registered and disclose such items (I have essentially "misrepresented" myself).

Is there anyway to dispute this? Or is it what it is?? It sounds insane, if you ask me that I have a FELONY arrest on my record b/c of this. And I was given no guidance...apparently I could have requested expungement years ago but now its too late...as I am in hot water with my employer.

So my next step is to investigate if it really is a felony with the court and see what the steps are for expungement which I assume I should do immediately, given that I have a good chance to win my case....your thoughts? I think this felony might be legit as the records person said although the guideline is 150, the charges vary with the situation surrounding the crime. Ok situation regarding the crime - a 21 year kid at an elite top-10 private school gets caught (1st time) stealing a $9 item, apologizes, yet gets arrested with a FELONY. Unbelievable...

[seniorjudge]

...I am accused of misrepresenting my application (it asks if I have been charged/convicted of a felony or charged of a misdemeanor)....

If you answered no to the question, then you committed misrepresentation on your application.

[badluck1977]

whoops, I meant to say is the application asked if I was charged/convicted of a felony or convicted of a misdemeanor. Of course I thought I was charged with a misdemeanor and dismissed. Eitheer way, the felony charge is in my record...I get frustrated reading these posts b/c most of these felony charges are for large amounts 500, 1000, 2000 bucks, but I get slapped with the felony for an $8 item that I apologized immediately for and agreed to cooperate. Either way, I'm not sure what I can do other than investigate to see if its not a mistake...but I find the charge to be quite unbelievable...i hope its a mistake...but I have a bad feeling it isn't...

[elorei]

nevermind, my post was of little to no help.

[cloudnine]

If you post a few more times, the item will be worth $0, it goes down in price every few sentences. I understand your frustration, but if you keep changing the details, it makes the entire post seem fishy, to me at least.

True, but his subject line still says the product is $10. Maybe the price changes with the stock markets.

If you want to find out what's going on, go to the court where your case was filed and start asking questions.

[aaron]

You were charged in what state? (I see you mention Illinois, but that seemed to be for purposes of comparison and not as a statement of where this occurred.)

[panther10758]

Was a tool used? Did you come in with a bag, backpack etc? this could help explain why the felony charge

[badluck1977]

Sorry, if I wasn't clear. Either way the item was under $10 and no i did not bring any tools. Just me, walking through the store. Just grabbed one item and put it in my pocket. Oh yeah and it happened in Illinois...

[panther10758]

Did fight or flee? Nothing in your post suggest (regardless of State) this should be a felony charge

[aaron]

Check the original court records (at the court where charges were filed). They may be archived, so you may have to schedule an appointment or order a copy as opposed to just showing up to review them. There may have been an error by the court in reporting the information about your charges.