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  1. #1
    Join Date
    Jan 2008
    Posts
    2

    Default Shoplifting Incidents In Texas

    Hi,
    Since this post turned out a bit more lengthy than I had originally intended, I have summarized my questions at the bottom.

    I'm a newcomer to this forum and I have a few questions that I hope you guys can help answer. I've searched through everything I could find on the internet and my results were inconclusive - there's simply not enough written material out there that is specific enough to answer my questions.

    Question 1:
    I work at a department store in Texas and last night I helped a man find a DVD. I went back to the desk to finish writing down instructions for the next shift and heard the telltale sound of the plastic (cellophane?) wrapping being torn. I walked over to the isle where the customer was and saw him put the DVD case back on the shelf. After he left the isle, I looked at the case and sure enough, it was unwrapped, the seal was broken, and it was empty.

    I alerted our management (we don't have a loss prevention squad) and they told me that by law we can't accuse the individual of shoplifting unless we know EXACTLY where the item is on that person, otherwise the person could counter sue us for defamation of character. We didn't even call the cops or ban the individual from the store! How infuriating! It was on 2 of our cameras but you couldn't distinctly see where he stashed the DVD disk.

    Could we actually have called the cops?

    Question 2:
    A few years back, I was in a Wal-Mart department store shopping with a friend. He ended up stealing something (trading cards of some kind) while I was browsing electronics, so I honestly had no idea that he was even capable of theft. Yes, I was naive. I paid for my game and we exited the store together. The Loss Prevention squad rushed up and escorted us both to the back of the store into their security office. I didn't steal anything and I even told the officers that were called in that I had no idea he was stealing anything. I asked them to review the security footage which would prove that I was on the complete other side of the store but they didn't bother.

    He got charged with shoplifting as he should have (We, of course, are no longer friends after this incident) but I got charged as an accessory to shoplifting, which is more or less the same charge as shoplifting. I was not guilty of that by any means but a family friend suggested that I enter a plea of no contest and go for deferred adjudication, so I did. I went to some class and I served 90 days probation. I was told that the charge would be expunged from my record after completing the class and going 90 days without getting in trouble. I completed both tasks easily. I seem to be having a rough time getting a job lately and I'm starting to wonder if this has anything to do with it.

    Is there a way to check my record? Do I answer 'no' on an application that asks me if I've ever plead 'guilty' or 'no contest' to a misdemeanor?

    Summary:
    1. A guy was shoplifting in my department at work but I couldn't pinpoint where the item was on him. Can we call the authorities anyway?
    2. I plead no contest to being an accessory to shoplifting. Can I check my record? What do I put on a job application that asks if I've ever plead 'guilty' or 'no contest' to a misdemeanor?

    Thank you in advance for your time!

  2. #2
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Just A Few Questions From Texas

    Quote Quoting Nevermind
    View Post
    Summary:
    1. A guy was shoplifting in my department at work but I couldn't pinpoint where the item was on him. Can we call the authorities anyway?
    No. Well you can, but it wont do any good. Can't make an arrest without probable cause.

    2. I plead no contest to being an accessory to shoplifting. Can I check my record? What do I put on a job application that asks if I've ever plead 'guilty' or 'no contest' to a misdemeanor?
    I have never seen a job application that had that on it. The ones I have seen have only asked for convictions. Heck, even the local hospital only ask for convictions. Also, it's possible to have a record sealed.

  3. #3
    Join Date
    Jan 2008
    Posts
    2

    Default Re: Just A Few Questions From Texas

    Quote Quoting blueeagle
    View Post
    No. Well you can, but it wont do any good. Can't make an arrest without probable cause.



    I have never seen a job application that had that on it. The ones I have seen have only asked for convictions. Heck, even the local hospital only ask for convictions. Also, it's possible to have a record sealed.
    Thank you for your reply!

    I'm confused as to what you mean about probable cause... I handed the guy the sealed DVD case, heard him unwrap it, and witnessed him put the empty case back on the shelves. Is this not probable cause?

    How would I go about sealing my record? Would I just go up to the courthouse and ask them? Is there a way to check my record to make sure that it's accurate?

  4. #4
    Join Date
    Aug 2007
    Location
    Texas/Tejas
    Posts
    1,879

    Default Re: Just A Few Questions From Texas

    I'm confused as to what you mean about probable cause... I handed the guy the sealed DVD case, heard him unwrap it, and witnessed him put the empty case back on the shelves. Is this not probable cause?
    Possible. I would see how the police could question him for this.

    How would I go about sealing my record? Would I just go up to the courthouse and ask them? Is there a way to check my record to make sure that it's accurate?[
    First, contact a attorney, if you cannot afford one you can seek legal aid. If you wanna do a background check, you can go to the local court house and ask for a copy of your criminal history.

  5. #5
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Shoplifting Incidents In Texas

    Many companies that can afford to run background checks have been doing so. ChoicePoint and a few other companies maintain shoplifting and bad check databases exclusive of the police. If your future employer has access to such data then you may not even know why you were turned down.

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