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Shoplifting databases & Minors

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JAMOM

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state? Illinois

Several years ago my son, a minor was questioned in a store for placing a slingshot rubberband in his pocket. When he admitted he did it, they called police but did not place any charges. It turns out they reported him to a database of shoplifters at a management association.

Recently,he was denied a position at a computer retail establishment verbally, as they said he pleaded guilty and therefore was not eligible for hire.

Since criminal law prevents juvenile records to be shown to the public...What about shoplifting databases? My son was denied employment verbally without any mention of the FCRA (fair credit) and no follow up of what agency reported him etc. What recourse do we have to SEAL these records? This was a stupid "kid" issue and no problems like that have ever happened again.
 


CO19

Member
JAMOM said:
What is the name of your state?What is the name of your state?What is the name of your state? Illinois
Several years ago my son, a minor was questioned in a store for placing a slingshot rubberband in his pocket. When he admitted he did it, they called police but did not place any charges. It turns out they reported him to a database of shoplifters at a management association. Recently,he was denied a position at a computer retail establishment verbally, as they said he pleaded guilty and therefore was not eligible for hire. Since criminal law prevents juvenile records to be shown to the public...What about shoplifting databases? My son was denied employment verbally without any mention of the FCRA (fair credit) and no follow up of what agency reported him etc. What recourse do we have to SEAL these records? This was a stupid "kid" issue and no problems like that have ever happened again.
Something isn't adding up here. First, you say police came and no charges were filed. Then, he is denied employment b/c he was TOLD that he pleaded guilty?? I wouldn't be as concerned about sealing a juvie record as I would be about denial of employment soley on a juvie arrest! Did he sign a written release? Who conducted background, CRA or Employer? If employer, did son receive copy of report and pre-adverse action notice? If so, did he dispute his findings with CRA and request investigation into correcting record?
 

CO19

Member
CO19 said:
Something isn't adding up here. First, you say police came and no charges were filed. Then, he is denied employment b/c he was TOLD that he pleaded guilty?? I wouldn't be as concerned about sealing a juvie record as I would be about denial of employment soley on a juvie arrest! Did he sign a written release? Who conducted background, CRA or Employer? If employer, did son receive copy of report and pre-adverse action notice? If so, did he dispute his findings with CRA and request investigation into correcting record?
I want to also add that if, in fact, this employer used a CRA (screening firm) and reported a juvie CONVICTION, when you're telling us that it was only an ARREST, and assuming no pre-adverse action notice, copy of background, etc.. was provided, the FCRA was violated and I would recommend consultation with an employment attorney. Note below that standard is current public record status (county court file), NOT A DATABASE!!!!!!

§ 613. Public record information for employment purposes [15 U.S.C. § 1681k] (a) In general. A consumer reporting agency which furnishes a consumer report for employment purposes and which for that purpose compiles and reports items of information on consumers which are matters of public record and are likely to have an adverse effect upon a consumer's ability to obtain employment shall

(1) at the time such public record information is reported to the user of such consumer report, notify the consumer of the fact that public record information is being reported by the consumer reporting agency, together with the name and address of the person to whom such information is being reported; or

(2) maintain strict procedures designed to insure that whenever public record information which is likely to have an adverse effect on a consumer's ability to obtain employment is reported it is complete and up to date. For purposes of this paragraph, items of public record relating to arrests, indictments, convictions, suits, tax liens, and outstanding judgments shall be considered up to date if the current public record status of the item at the time of the report is reported
 

JAMOM

Junior Member
More Details

Actually, The store reported to a Retail Managers Association Database which they sometimes do even if they do not press charges. These databases contail thousands of records of people who admitted in a store that they took something, but the store did not press charges. These records do not show up on a background screen because no court was involved. These are Private-Members ONLY Databases. You must pay a fee for membership and a fee to check on a person's name. There were 3 boys all juveniles. I asked my spouse about charges and he said yes, they did plead guilty in front of a judge and were given community service.

My question is can a Private Database report juvenile incidents? And to answer your question NO!!! He was told over the phone that "they found something in his report that would not allow them to hire him, even though they liked him very much". He had three interviews and all three managers liked him.

I told him we would write a letter confirming what he was told over the phone and requesting the documentation from the Source. They did not offer the FCRA documentation either, which is required.
 
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CO19

Member
JAMOM said:
My question is can a Private Database report juvenile incidents?

A Private Database is just that, a database and not the legal matter here. Juvie records are not reported by CRA's, nor by our court researchers. If there are ever any exceptions, I am unaware of them and have NEVER reported a juvie record, as they are usually closed. Regardless, the employer has violated the FCRA by not allowing him to view the background report and providing a pre-adverse action notice (if CRA was used). http://www.ftc.gov/bcp/conline/pubs/buspubs/credempl.htm

Further, Illinois, 775 Ill. Comp. Stat. § 5/2103
Rules for employers: It is a civil rights violation to ask about an arrest or criminal history record that has been expunged or sealed, or to use the fact of an arrest or criminal history record as a basis for refusing to hire or to renew employment. Law does not prohibit employer from using other means to find out if person actually engaged in conduct for which they were arrested.

Your son really should consult with an employment attorney.
 

JAMOM

Junior Member
Thanks! Retail Databases??

Thanks and I will certainly consider the lawyer option. But i am still wondering about these retail databases. Do a "Google" search on shoplifting databases and you will see what I mean.

I believe the employer must follow FCRA if it uses that info - but, Is it LEGAL for a management association's database to keep and divulge their adverse records of juveniles?

If a court of law must seal the records, what about these databases. In fact their records are not considered public record. They are reported by the store to the database. No information is divulged to the public.
 

CO19

Member
Is it LEGAL for a management association's database to keep and divulge their adverse records of juveniles?

> I have no idea on the actual legality of maintaining a "management association's database" that keeps and divulge their adverse records of juveniles and why I have said to speak with an employment law attorney.

Again, the database is not the issue regarding your son, but rather *HOW* it was used in hiring and if database record is current, publicly, and legally, available, and also who ran the database (CRA or Employer) and reported the juvie record that led to sole reason of disqualification b/c different laws would apply.

Please write back after you have consulted with an employment law attorney and share what you've learned
 

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