criminal record? pls help

[jeanine05]

What is the name of your state? CA

In june 05 i was caught shoplifting less than $20. No
police were involved, only the loss prevention staff filled
out some paperwork took photo of me and told me that i
would receieve a civil demand in the mail. I haven't heard
anything after i received the demand. My question is if i
have a criminal record because of this incident, or if it
will show up on background check?What is the name of your state?

 

[Litigation!]

What is the name of your state? CA

In june 05 i was caught shoplifting less than $20. No
police were involved, only the loss prevention staff filled
out some paperwork took photo of me and told me that i
would receieve a civil demand in the mail. I haven't heard
anything after i received the demand. My question is if i
have a criminal record because of this incident, or if it
will show up on background check?What is the name of your state?

My response:

"loss prevention staff" are not 'police authorities' and they certainly aren't the 'courts.' So, unless you were prosecuted, to answer your questions, no and no.

IAAL

 

[mia123]

No, you are very lucky. This will not appear in your criminal record as there was no arrest made and no citatin given. The police was not involved.

 

[Litigation!]

No, you are very lucky. This will not appear in your criminal record as there was no arrest made and no citatin given. The police was not involved.

My response:

Thank you for adding nothing to this thread. Also, check your grammar and spelling; e.g., "The police was not involved" and "citatin."

IAAL

 

[rlrl]

You probably should check to see...

if your state has it's own version of the(Fair Credit Reporting Act) FCRA. I'll tell you why.

In NY a report of a detention in a retail establishment for shoplifting can show up in a consumer report in connection with an application for employment if the "consumer has executed an uncoerced admission of wrongdoing". I believe this can happen even if you weren't convicted.

You might want to consult with a lawyer in your state who handles consumer law or inquire about the Federal FCRA to see if the incident can be revealed in a Consumer Report.

I'm not trying to scare you. I have a violation on my record in NY and have done a lot of checking about this stuff over the past few years. Most of what I know is about NY though. Things may be different in your state.

Did you admit to doing the shoplifting?

 

[jeanine05]

if your state has it's own version of the(Fair Credit Reporting Act) FCRA. I'll tell you why.

In NY a report of a detention in a retail establishment for shoplifting can show up in a consumer report in connection with an application for employment if the "consumer has executed an uncoerced admission of wrongdoing". I believe this can happen even if you weren't convicted.

You might want to consult with a lawyer in your state who handles consumer law or inquire about the Federal FCRA to see if the incident can be revealed in a Consumer Report.

I'm not trying to scare you. I have a violation on my record in NY and have done a lot of checking about this stuff over the past few years. Most of what I know is about NY though. Things may be different in your state.

Did you admit to doing the shoplifting?

I cooperated with the loss prevention staff and did not deny anything. The reason why i'm wondering if this will show up on a background check is because i am going to have a check done and i want to know if i should disclose this as a conviction, i did not go to court or be found "guilty" so i'm assuming my answer to "have you ever been convicted of a crime" would be NO. I don't want this to show up somehow.

 

[rlrl]

it doesn't sound like you have a conviction; however...

you want to make sure you don't have this detention pop up on you if an employer or insurer or creditor gets a consumer report on you. if i had to guess i would think you don't have anything to worry about. That thing i mentioned in my first post to you is about NY. However I think you may want to double check your state FCRA laws and federal FCRA laws about detentions in retail facilities. try a lawyer or maybe even a consumer reporting agency (CRA) in your state.

 

[jeanine05]

you want to make sure you don't have this detention pop up on you if an employer or insurer or creditor gets a consumer report on you. if i had to guess i would think you don't have anything to worry about. That thing i mentioned in my first post to you is about NY. However I think you may want to double check your state FCRA laws and federal FCRA laws about detentions in retail facilities. try a lawyer or maybe even a consumer reporting agency (CRA) in your state.

OK, thanks. I will look into that. Also, what do you think the chances are that charges could be brought upon me? I heard that in CA (where i live) it can be up to one year. But since there were no cops involved and i didn't get a citation for court or arrested ( the only thing they gave me was a copy of the petty theft law in Ca) i would think that it is unlikely?

 

[CdwJava]

OK, thanks. I will look into that. Also, what do you think the chances are that charges could be brought upon me? I heard that in CA (where i live) it can be up to one year. But since there were no cops involved and i didn't get a citation for court or arrested ( the only thing they gave me was a copy of the petty theft law in Ca) i would think that it is unlikely?

If they did not call the cops at the time of the incident, the chances are almost nil that the police will EVER be involved. No police will equal no criminal record.

- Carl

 

[rlrl]

What does the 'civil demand"...

and petty theft law in your state, what do those mean? Do the petty offense laws mention anything about the incident showing up in a consumer report. read those and let me know what they say. i will try to get back on the board sometime this weekend. i'm curious to know if you signed anything or what you may have signed

 

[CdwJava]

and petty theft law in your state, what do those mean? Do the petty offense laws mention anything about the incident showing up in a consumer report. read those and let me know what they say. i will try to get back on the board sometime this weekend. i'm curious to know if you signed anything or what you may have signed

Petty theft is generally defined as theft where the value of the stolen property is less than $400.

A civil demand (or assessment) is a notice that a private entity is entitled by law to send to a shoplifter for compensation. The compensation may be between $50 and $500. The going rate here seems to be about $350.

Ref: PC 484, 488, 490.5

The only way this could get on to a credit report might be if it goes to collections.

- Carl

 

[rlrl]

You made me think...

that even if he/she paid the civil demand might it show up in a consumer report in some way since it's a civil judgment?

In NY, a detention in a retail establishment can show up in a consumer report provided the consumer 'has executed an uncoerced admission of wrongdoing".I don't know exactly what this means. Not sure if the judgment amount paid can show up or it shows up as a report or whatnot. I was convicted of the violation disorderly conduct so i haven't checked out anything pertaining to shoplifting.Wish i knew more about this so i can help him/her.

 

[rlrl]

One thing more...

i forgot to say about consumer credit reports. in a consumer report any information about an arrest or conviction wouldn't go on the financial credit report(the report that has info about how one pays their bills, etc) per se from the 3 bureaus like equifax, transunion, experien, etc.

A criminal report or report about a dentention in a retail facility would be a separate report but still included in a consumer report. if the civil demand that he/she talks about wasn't paid and went into collections then i assume it would go on their credit report.

but what would happen if they paid the civil demand in full. would it appear in their consumer report as a civil judgment against them? I'm trying to picture this. It's hard to picture how they might do this

 

[CdwJava]

that even if he/she paid the civil demand might it show up in a consumer report in some way since it's a civil judgment?

Since no court ruled on it, it should not show up on any fredit report. It's a demand for compensation permitted under the law. The remedy if not paid can include a Small Claims action or other form of collections. And, of course, the possibility the incident might be reported to the police.

In NY, a detention in a retail establishment can show up in a consumer report provided the consumer 'has executed an uncoerced admission of wrongdoing".

I have never heard of such a thing, but then, I am not an expert on credit reports. However, having reviewed them for years as part of criminal investigations and employment backgrounds, I have never seen anything that indicates this out here ... this could just mean that I have never investigated people who have had such civil demands placed on them.

- Carl

 

[CdwJava]

but what would happen if they paid the civil demand in full. would it appear in their consumer report as a civil judgment against them? I'm trying to picture this. It's hard to picture how they might do this

I doubt it. But then, I don't know who they might report it to.

- Carl